In re the Probate of the Will of Broch

Samuel Fails, S.

In this probate proceeding proponent moves to dismiss as insufficient in law under subdivision 6 of rule 109 of the Buies of Civil Practice objection “ 1 ” relating to the alleged existence of a later will. The objection alleges in substance, that the propounded instrument is not the last will of decedent and. that decedent thereafter executed another paper writing bearing upon it a date unknown, as his last will and testament. There is no allegation that the propounded instrument was revoked in whole or in part by any later instrument. However, the revocation or modification…