In Re Bathwick's Estate

Deceased was about to submit to a serious operation at a hospital. The proponent’s testimony tended to show that he was taken there by Mr. Throop, a relative of his deceased wife, and his physician, Dr. Schilz; that he requested Mr. Throop to prepare his will before the operation. Mr. Throop was unskilled in preparing such papers. The instrument offered for probate is as follows:

“I hereby resign all my personal property and real estate to Richard Hildreth, at my death.”

It bore the signature of deceased, was witnessed by Mr. Throop and Dr. Schilz, and its due execution was established.…