In Re the Estate of Wherry

The opinion of the court was delivered by

Beogan, Chief-Justice.

This is an appeal from a Prerogative Court decree affirming a decree of the Warren County Orphans Court, which set aside the order of the surrogate, admitting a paper-writing to probate as the last will and testament of the decedent, Anna Wherry. The Orphans Court held that there had been no “publication” of the will by the testatrix at the time the instrument was executed.

The facts attending the situation were that the testatrix, Mrs. Wherry, sent for J. Miller Welsh of the Peoples National Bank in Hackettstown, Warren Count]',…