Appellate Division of the Supreme Court of the State of New York July 1, 1899 (In re of Proving the Last Will & Testament of Purdy)

Ingraham, J.:

By this proceeding the proponent attempted to probate an alleged lost of destroyed will of Augustus M. Purdy, deceased. The surrogate denied the application upon two groupds, first, that the due execution of the proposed will was not proved; and, second, that the provisions of the alleged will were not clearly and distinctly proved, as required by section 1865 of the Code of Civil