In re Proving the Last Will & Testament of Van Benschoten

Whitbeck, S.

This is a contested probate. The contestant withdraws demand for jury trial and consents to the submission of all questions to the surrogate. It appears from the evidence that the will is holographic. It has no attestation clause. Directly and about an inch under the signature of the testator appears the signature of the witness Emeline Jeffers and directly beneath her signature appears the signature of the other witness Etta Jeffers.

The witness Etta Jeffers testified that on the occasion when she signed her name to the instrument offered for probate the testator, who was then…