Estate of Smith

This is an appeal by contestants from a judgment admitting a will to probate.

The facts are not in dispute. The questions presented concern the legal effect of an alleged revocation of the will and the correctness of the court’s ruling admitting evidence over objection of the testatrix’ declarations bearing upon her revocatory intent.

On July 22, 1942, the decedent, then about 58 years of age and describing herself as a widow without descendants, executed a duly attested typewritten document consisting of two pages which she declared to be her last will and testament. By this instrument she…