In Re Johnson

This is an appeal from an order of the Atlantic county orphans court, refusing probate of a paper-writing offered as the last will and testament of Joseph R. Johnson, deceased.

The refusal of probate was on two grounds, (1) that the signature appearing on the will was not proved to be the signature of the testator; (2) that there was a failure of proof that the testator had declared the instrument to be his last will.

I will consider the second ground of refusal of probate first, because, if it appears that publication of the alleged will by the testator, as his will, has not been proved by…