In Re the Estate of Jolly

Robert Jolly died July 12,. 1937, leaving in existence two wills, executed within six months prior to his death. In the first, executed January 13th, he named James D. Grose, Jr., as residuary legatee, and John F. McCarthy as executor. In the second, executed May 13th, he named Thomas Garrett and Alice Garrett as residuary legatees, and designated the former as executor.

The former will was admitted to probate July 14, 1937. A petition presenting the latter will for probate was filed August 7, 1937. Grose and McCarthy filed an answer to the petition, in which they objected to the probate of…