In re the Probate of the Codicil to the Will of Nicholson

Campbell, 8.

A paper writing offered for probate in this court as and for a codicil to the last will and testament of the above-named decedent, presents questions of fact which, in the opinion of this court, ought to be passed upon by a jury.

The alleged codicil, like the original will which was admitted to probate on April 7,1948, is holographic, and reads as follows:

“ Codicil to Last Will and Testament of Lillian F. Nicholson

Made January 3rd, 1948.

Schenectady — 4 — N. Y.

I give and bequeath to Florence Keller (my husbands sister) the sum of five thousand (5000) dollars. If she is alive at time…