In re proving the will of Lawrence , 2 Wend. 297 ( 1829 )

By the Court, Savage, C. J.

The practice is well settled. A petition is not necessary, and affidavits of heirship and notice are always received. The execution of the will alone is proved viva voce. The witnesses are sworn to make true answers to such questions as shall be put to them. They then subscribe the depositions previously prepared, containing the substance of their testimony, and the will and proofs are recorded.