Estate of Kelleher

This is an appeal from an order granting motion of respondents for nonsuit and denying the petition of appellant for admission to probate of an alleged codicil to the will of Mathew Kelleher, deceased.

Decedent, on February 9, 1914, while visiting in Ireland, made a will in which he named respondent Richard T. Pomeroy as one of the executors and Daniel Kelleher of Boston, his cousin, as one of the legatees. The legacy to Daniel, in the sum of 6,000 pounds sterling, about $30,000, was conditioned upon the legatee surviving the testator. The legatee died March 6, 1921, and the testator June 18,…