In re the Probate of the Will of Johnston

Foley, S.

This is a probate proceeding wherein two general questions were presented. First, was the will of the testatrix entitled to admission1? Secondly, if admitted, the construction of its terms.

Despite her apparent masculine first name, the decedent was of the feminine sex.

The testatrix and her husband, J. Stoddard Johnston, executed joint, mutual and reciprocal wills at the same time. Each of the duplicate originals was signed by both husband and wife. Both documents were attested by the same subscribing witnesses. The husband died first, on April 29, 1944; the wife died less than three…