In re the Estate of McKeogh

Wingate, S.

As no evidence respecting the conditions surrounding the testator, his possessions and the objects of his bounty has been adduced, the court is compelled to answer the propounded questions of testamentary interpretation on the will alone, since the allegations of facts in the briefs of the several parties are not competent proof thereof. (Matter of Mehler, 143 Misc. 63, 64; Matter of Morningstar, Id. 620, 624.) It may be stated, however, that were the facts respecting the services of the residuary legatee to the testator in his last illness duly demonstrated, it would not alter the…