In re the Estate of Casper

Slater, S.

The hearings on the construction issue in this account of proceedings terminated in June of this year. Briefs were to be submitted during the summer. At the close of the hearings, section 354 of the Civil Practice Act disqualified an attorney or his employees from testifying as to the preparation and execution of a will in a construction proceeding. By chapter 493 of the Laws of 1936, in effect September 1, 1936, the law was relaxed so that such a witness might be offered in such a proceeding. Matter of McCulloch (263 N. Y. 408) was the moving cause for the amendment of 1935. By…