In re the Estate of McConihe

Foley, S.

Separate proceedings were commenced in this estate for the probate of two testamentary scripts. The first paper is dated February 9, 1922. The second is dated July 13, 1923. In order to make a final determination as to which was the last will and testament the proceedings were consolidated and all the issues tried before the surrogate without a jury.

In respect to the making of the paper dated February 9, 1922, I find that it was duly executed in accordance with the provisions of section 21 of the Decedent Estate Law. It is claimed, however, by certain of the executors and legatees…