Reports of Cases Decided in the Court of Chancery of the State of ..., volume 82
Reports of Cases Decided in the Court of Chancery of the State of ..., volume 82
New Jersey. Court of Chancery
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If they expect me to accept the testimony they gave on the hearing in the prerogative court they are bound to acknowledge that they mistakenly testified on oath at the hearing in the court Digitized by VjOOQIC 320 PREROGATIVE COURT. In re Phelan's estate. 82 Eq. below. They themselves furnish indubitable evidence that they were mistaken on one hearing or the other, to say the least. Rejecting their testimony, as I do, with reference to the adop- tion by Father Phelan of either one of his writte...n names in or under the instrument, as a signature, by way of making the acknowledgment peiinitted by the statute, it becomes my duty to inquire whether he intended his written name in the attesta- tion clause to be the signing required by the statute. That Father Phelan intended the paper writing offered for probate to be his last will and testament is apparent. It should be stated in passing that the witnesses asked why he wrote his name "Comiel," and he answered that it was be- cause some people called him "Cornelius" and others "Corniel," and that he did not want to have any mistake.
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