Dowling's Estate

The facts appear from the opinion of

Stearns, J., Presiding Judge.

— This is an appeal from the decision of the register of wills admitting to probate, as the last will and testament of the decedent, a writing dated June 25, 1919. The decedent died June 21, 1931. There is no dispute as to the facts, the issue being solely one of law, to wit: Whether the instrument is conditional or absolute. Should the instrument be regarded as conditional, the contingency not having occurred, the document is not the will of decedent and probate should be refused. On the other hand, if the writing is held not…