In re the Probate of the Will of Berman

Henderson, S.

This is a probate proceeding. The instrument offered for probate is dated February 18, 1928, and appears to be duly executed as provided by statute.

Objections to the probate of this instrument have been filed and a jury trial demanded. One of the objections raises the *1038question as to whether or not the propounded paper has been revoked. The court has been requested to make a determination of this question since the issue is one of law and not one of fact to be submitted to the jury.

The alleged will consists of three typewritten pages. At the very bottom of pages (1) and (2) in the…