In re the Probate of the Will of Walton

Frankenthaler, S.

This contested probate proceeding was tried by the court without a jury. The court is satisfied that the instrument bearing the date of January 16, 1954, was executed in accordance with the requirements of section 21 of the Decedent Estate Law, and that the competency of decedent to make such instrument and his freedom from restraint have been established. Decedent’s request to each of the two subscribing witnesses who testified, to sign the instrument which he declared to be his will and upon which his signature was clearly visible constituted sufficient acknowledgment…