In re Little

This is an appeal from so much of a decree of the Surrogate’s Court of Kings county as adjudges that a paper writing purporting to be the last will and testament of Delia McMahon, deceased, be denied probate on the ground of lack of testamentary capacity.

In support of probate, the lawyer who drew the document testified that on the day prior to its purported execution he interviewed the decedent and that she discussed her affairs with him in detail. The document was prepared by him in accordance with the instructions thus received. It was executed by her as her will after it had been read to…