In re the Estate of Dumont

Foley, S.

This is an application to probate a nuncupative will of a deceased soldier pursuant to the provisions of section 16 of the Decedent Estate Law. That section reads: “ No nuncupative or . unwritten will, bequeathing personal estate, shall be valid, unless made by a soldier while in actual military service, or by a mariner, while at sea.” The particular questions presented here are: (1) Whether a soldier in service who had returned from France to this country shortly after the Armistice in the World war could make a valid nuncupative will? (2) Whether at the time of making the will,…