Estate of Camp

A document was presented to the superior court of Kings County, accompanied by a petition setting forth that the above-named decedent had died, leaving an olographic will, of which the said document was a portion, but that since his death said will had been mutilated and a portion thereof destroyed by some person unknown to petitioner, by tearing therefrom a portion of the sheet of paper upon which it had been written. The petition also set forth what was claimed to have béen the contents of the portion torn from the document, and asked that it be established as a portion of his will, and that the said will-be admitted to probate. Issues were joined upon the allegations of this petition, and upon the trial thereof the court found in accordance with the petition,- and made its certificate, setting forth the provisions of the document as originally made by the deceased, and admitted the same to probate. From this order the present appeal has been taken.

The document presented to the court purports to be the last will of the above-named decedent, and contains certain testamentary directions. The third item of these directions, so far as the same is found upon the first page of the…