In Re Estate of Novotny

THOMPSON (IRA F.), J.

This is an appeal by proponent from a judgment denying probate to the instrument offered as the last will and testament of Grace L. Novotny, deceased. Before probate, a contest was filed by the surviving husband on his own behalf and as guardian ad litem of his minor daughter Jean Ann Novotny. The contest was tried before a jury and resulted in a disagreement. The court then set the hearing of the formal proof of the will before himself and as a matter of grace permitted counsel for the contestants to cross-examine the witnesses. Erances Avery, one of the subscribing…