In re the Probate of the Will Pulvermacher

Frankenthaler, S.

Objections have been interposed to the probate of the instrument dated January 14,1949, on the ground that the paper was not validly executed within section 21 of the Decedent Estate Law. It is conceded that decedent signed the instrument in the presence of the two witnesses and that they signed as witnesses at his request. Hence, the sole issue before the court is whether decedent declared the paper so subscribed to be his last will and testament (Decedent Estate Law, § 21, subd. 3). The only testimony offered was that of the two subscribing witnesses.

On the date of…