In re Estate of Wheary

(Orally.) This is an appeal from probate. ' The will was prepared by a lay scrivener and the testatrix signed by mark, the lay scrivener appending in his handwriting the name of the testatrix. The statute provides that before the signing by the witnesses the signature of the testatrix must have been made or acknowledged by her and a publication or declaration of the instrument made by her as her will, both of these things being required to be done in the presence of two witnesses. Re Amsden's Will, 121 N. J. Eq. 571; 191 Atl. Rep. 801. The scrivener testified substantially as to the presence…