In re the Estate of Donnelly

Wingate, S.

The question here presented is interesting and, so far as the diligence of counsel and the independent research of the court have disclosed, novel.

The decedent died in December, 1937, leaving a will, executed on May 1,1934, which has been probated. By its terms she gave her entire estate, which amounted to a gross sum of $9,000, to two charities. The third item of the document recites that the testatrix, who describes herself as a widow, makes no provision for her son, Clarence, because she has not seen or heard of him since December 23, 1896, and does not know whether he is dead…