In re Proving the Last Will & Testament of Miller

Heaton, S.

This will was found in the safe of the deceased at his place of business, and across his signature *157thereon were five pen marks such as one would make in canceling a signature and they were so distributed that they affected the whole signature even to the middle initial of his name. Under this signature in the handwriting of the' deceased were written the words “Am going to make a new will.” This paper was in an envelope marked as the will of the deceased which had been sealed, and later opened at the end.

The son of the deceased, who is the executor named in the will, testifies that…