In re the Matter of the Probate of the Last Will & Testament of Barry

Foley, S.

This is a contested probate proceeding. The only point in issue has to do with the due execution of the paper pro*103pounded. The estate is a small one. It consists entirely of bank deposits aggregating $1,425. The provisions of the will were prepared with deliberation by the testator. The will is not an unnatural one.

The difficulties which arise here are occasioned solely by the pernicious practice of notaries public, who, in ignorance of the law, draft wills and carelessly supervise the execution thereof. This practice cannot be too severely condemned. A somewhat similar situation was…