Ex parte Day

The Surrogate.

The will propounded for probate is a Holograph, hearing date August 20, 1850. The last clause of it purports to be a testamentary disposition by the decedent’s wife of some property belonging to her in her own right,—in the language of the will, “testified by her signature hereto.” The will was executed under seal both by the decedent and by his wife, in the presence of three witnesses.

An agreement to make mutual wills appears to be valid, *477ancl, after the death of either of the parties, irrevocable. (Lord Walpole vs. Lord Orford, 3 Vesey, 402; Hinckley, vs. Simmons, 4 Ves., 160;…