Estate of Fay

This is a proceeding for the probate of a certain instrument alleged in the petition-to be the last will and testament of John Fay, deceased.

The proposed will is olographic in form, was entirely written, dated, and signed by the hand of the testator himself. It bears date “May twenty-fifth eighteen hundred and fifty-nine. ’ ’

This alleged will makes certain bequests and devises to the surviving wife and children of the deceased, naming them, and, among others, to a daughter, Mary Montealegre.

It appears that at the date of said will the said testator was unmarried and none of his said children…