14. Recording one, proved in another State, affecting real property in New
York-Practice-Code C. P., § 2703.-A copy of a will executed in Massa-
chusetts, showing that there was indorsed upon the original an attestation
clause reading: 66
Signed, sealed, declared and published by the testatrix as
her last will and testament the said twenty-first day of December, 1893, in
the presence of us who at her request and in the presence of each other have
hereto subscribed our names as witnesses," accompanied by a certificate of the
probate court, in which the will was proved, that,
66 our statute does not
require that the evidence of the witnesses thereto should be preserved in
writing," is not, without more, entitled under Code C. P., § 2703, to be
recorded in a county of the State of New York where real property is situated
which the will affects, first, because the attestation clause does not show that
the witnesses signed the will in the presence of the testatrix, as required by
our statute, and, second, because the proofs of the will do not appear, nor,
in the alternative, any statement of their substance, or any sufficient state-
ment that neither proofs, nor any statement of their substance, are on file or
recorded in the said probate oflice. Practice considered where, although no
proofs were taken, there is an attestation clause sufficient under our statute.
Matter of Nash, 706.
15. Life estate-Right to use the principal.- Under a bequest made by a
testatrix to her husband of "the use and occupancy of all my estate, both
real and personal during his lifetime, and to such extent as he may deem
necessary for his comfort. At his decease all property remaining to belong
to my granddaughter," and in case of her death, or failure to leave issue,"all
said property so remaining" to another person, the husband takes not only a
life estate but also a right to use so much of the principal as he may deem
necessary for his comfort. Principal, which he used himself or which he paid
to one who kept house for him and nursed him in sickness, will be deemed,
after his death and as against the administrator with the will annexed of
the testatrix, to have been expended by the husband under authority from
the will. Matter of Weeden, 716.
See Dower; Evidence; Executors and Administrators; Legacy;
Pleading; Transfer Tax; Trusts.