Lovell v. Quitman

Learned, P. J.:

This is an appeal from a decree of a surrogate admitting a will to probate. The appellant claims that in admitting the will to probate the surrogate ought to have rejected the second and fourth clauses on the ground that they had been obliterated by the testatrix.

The facts are as follows: The testatrix, Eliza A. Quitman, duly executed her will on the 27th of February, 1874. The will was complete and without erasure. It was kept in a- tin box in the vault of the National Ulster County Bank; the box containing also other papers of the testatrix. The box was kept locked. She had…