In re the Estate of MacMonnies

Otto C. Jaeger, S.

This is a motion by the objectants for summary judgment denying probate to the purported will -dated October 13, 1959, on the ground that the witnesses did not sign “ at the end ” thereof in accordance with the requirements of subdivision 4 of section 21 of the Decedent Estate Law.

A previous motion seeking essentially the same relief, but brought on prior to filing objections, was denied by the court on procedural grounds and without passing upon the merits.

The propounded instrument is a one-page typewritten document on “ legal -cap ”. The dispositive provisions are followed…