In re the Probate of the Last Will of Myers

Varnum, S.

This matter was pending before Mr. Surrogate Arnold and has since been submitted to me. The facts in the case are unusual and the testimony somewhat contradictory, but the history of decedent’s testamentary acts seems to be as follows: For some six years prior to April, 1895, the decedent and the contestant, his second wife, had been living together. He was a man upwards of seventy years of age and much addicted to drink, and the contestant’s witnesses swear that it was on this account that she left decedent, while, on the other hand, it is in evidence that decedent brought a .suit…