New York Court of Appeals
In the Matter of the Probate of the Will of John Cunnion, Deceased. Catherine McHugh, Appellant ; Nellie Cunnion…
February 28, 1911201 N.Y. 123
Summary
The Court of Appeals affirmed the surrogate's decision to admit the 1907 will to probate and to exclude attorney Francis L. Maher from testifying about the contents of the missing 1908 will, holding that sections 835 and 836 of the Code of Civil Procedure barred such testimony absent an express waiver.