In re Providing the Last Will & Testament of Tousey

Thomas, S.

— The contestant concedes that the papers offered for probate were duly executed by the decedent as her last will and codicil thereto. The sole ground of contest is based on a recital in the will to the effect that the decedent was unmarried and had no “ direct heirs.” A cousin who had not seen her or communicated with her, either directly or indirectly, for over forty years before her decease, contends that he is a “ direct heir ”; that he was missing and his whereabouts were not known to the members of his immediate family for some years; that the inference to be drawn from the…