In re the Probate of the Will of Mullenhoff

Appeal from a decree of the Surrogate’s Court, Queens County, denying probate to a paper offered as the last will and testament of the decedent. Decree reversed on the law and the facts, without costs, and the matter remitted to the Surrogate’s Court for the entry of a decree admitting the will to probate and, in the discretion of the Surrogate, for the award of costs, counsel fees and expenses for the proceedings in the Surrogate’s Court, and for counsel fees and expenses in the appeal to this court. The finding that the testatrix did not request the subscribing witnesses to act as such and…