In re the Probate of the Will of Whyatt

John D. Bennett, S.

In this nncontested probate proceeding the propounded instrument is offered as an “ ancient will ”. In Matter of Hehn (6 Misc 2d 801) this court admitted such an instrument saying (p. 802): “ The quantum of proof ordinarily required seems to be modified (according to the authorities) where the will proffered is more than 30 years old. Such a document is denominated an ‘ ancient will ’ and is treated in the same manner as other ‘ ancient documents ’ ” (citing cases).

Wigmore points out that such a document “ under certain conditions ” raises a question of fact as to its…