In re Lissauer's Will

Ransom, S.

Section 2623 of the Code of Civil Procedure provides: “If it-appears to the surrogate that the will was duly executed, and that the testator, at the time of executing it, was' in all respects competent to make a will, and not under restraint, it must be admitted to probate as a will valid to pass-real property or personal property, or both, as the surrogate determines.” The rule of decision in this state is that, if there be a reasonable doubt whether one or more of the directions of the statute have not been complied with, probate must be refused, even though it appear probable…