Brush v. Holland

The Surrogate.

A contest having arisen on the probate of the will of the deceased, the contestants seek to introduce *241proof of the declarations of the decedent’s widow, to show incapacity and the exercise of undue influence. The widow is named as a legatee in the will and also as executrix, and she propounds the instrument for proof. The probate of a will, is a proceeding of a mixed character, being as to the subject matter a proceeding in rem, and as to the persons interested, lis inter partes. Consequently none of the parties are competent witnesses. (Arnold v. Earle, 2 Lee’s Cases, p. 380.)…