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ESTATE OF JAMES HYLAND, A/K/A JAMES J. HYLAND, Deceased. (446/13) — A Will dated August 14, 1974, has been offered for probate. The witnesses are deceased and their handwriting cannot be proven. Since the Will offered for probate is more than thirty (30) years old, the genuineness of its execution can be established by its unsuspicious appearance, place of custody and other circumstances (Matter of Barney, 185 App Div 782). In this instance, the instrument was in the custody of the decedent and found in her home.

The genuineness of the instrument and the validity of its execution have been proven to the satisfaction of the Court. The Court will dispense with the proof of handwriting of the subscribing witnesses who are deceased, and the propounded instrument will be admitted to probate.

 
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