Dunham

This is an appeal from a final decree of the Probate Court for Barnstable County disallowing an instrument offered for probate as the will of one Harry A. West on the ground that the said instrument "was not properly attested by the third witness and that consequently it was not properly executed.”

We recite the report of the material facts filed by the judge. It appears that at the request of West one Dunbar and his wife, both understanding that a paper which West produced was his will, signed their names as witnesses in the presence of West. When they signed, the alleged will was folded…