In re the Probate of the Will of Martin

Decree so far as appealed from reversed on the law, without costs of this appeal to any party, and matter remitted to the Surrogate’s Court with directions to admit the will to probate. Memorandum: That the will offered for probate was the one drawn for the testatrix, Mrs. Martin, a few days prior to its execution by her lawyer, was established by his testimony, from which it also appears that her purpose in making it was to insure to her husband and son a home. There was no question of proper execution as to the witness Burke, whose testimony warranted a finding that the other witness, Mrs.…