In Re the Probate of the Alleged Will of Smith

The opinion of the Court was delivered by

POLLOCK, J.

Underlying this appeal is the factual question whether the decedent intended a holographic writing to be her last will and testament. The Law Division ruled that she did not so intend and that the writing should not be admitted to probate. Although the Appellate Division sustained the finding that the decedent did not intend the writing to be her will, that court ordered the admission of the writing to probate because “to do so would implement the decedent’s probable intent in the absence of execution of a formal will.” Will of Smith, 209…