Bottari Estate

TAXIS, J.,

The matter comes before this court on appeal from the decree of the Register of Wills of Montgomery County dated November 12, 1981, refusing to admit to probate a writing dated March 9, 1981, as the last will and testament of James Bottari.

Counsel have agreed that the testimony before the register of wills be incorporated into this record with the same force and effect as if it were presented to the court.

The facts are not in dispute and may be summarized as follows: decedent, James Bottari, died on August 29, 1981. On September 11, 1981, Bernard Bottari presented a petition to…