In re the Estate of Mele

Fowler, S.—

The husband of the testatrix filed objections to the probate of the script purporting to be her last will. Before the matter came on for hearing the husband died, and the executor of his estate was made a party to the proceeding. Upon the hearing before me 'the executor of the husband’s estate offered to prove by the testimony of the physician who attended the testatrix immediately prior to her death, that at the time she executed the alleged will she lacked testamentary capacity. The executor offered, in accordance with the provisions of section 836 of the Code, to waive the…