In re the Estate of Smith

Delehanty, S.

By decision filed May 22, 1935, an account was directed to be filed in this estate on the application of next of kin of deceased. Respondents sought denial of the order prayed for, alleging that petitioner is not a party interested in deceased’s estate. Whether petitioner is a party in interest depends on the effect and meaning of an oral will of deceased probated in this court.

This oral will says: “ If anything happens to me I want my war risk insurance money to go to my aunt, Mary A. Smith.” By the decision heretofore made this was held to be a designation of Mary A. Smith as…