In re the Estate of Draske

Wingate, S.

The present proceeding propounds the problem as to the extent of the obligation of the court to compel and participate in the pubhcation and perpetuation of defamatory and presumptively hbelous testamentary statements.

The decedent died on April 14, 1936, leaving a document, admittedly duly, executed as a will, dated December 14, 1933. In its fourth item, after making certain bequests and a devise to a named beneficiary, it recited that the testatrix gave the indicated beneficiary “ no further interest in my estate, for the reason that,” then follows a four-line categorical…