In re the Probate of the Will of Broggelwirth

In a proceeding to probate a will, objections were filed that the testator during his lifetime revoked the instrument offered for probate. The Surrogate dismissed the objections and admitted the will to probate. Contestants appeal from the decree entered thereon. Decree of the Surrogate’s Court, Nassau County, unanimously affirmed, with costs. The question of revocation is considered a preliminary matter to be decided by the court without a jury as a matter of law. It involves the application of the provisions of section 34 of the Decedent Estate Law. (Matter of Tremain, 257 App. Div. 996,…