In re the Probate of the Will of May

Foley, S.

This contested probate proceeding was tried by the Surrogate without a jury. Objections to probate were filed by the Alien Property Custodian, representing certain German nationals who are the next of kin of the testatrix, and by the Public Administrator.

Two instruments were propounded, a will dated November 7, 1942, and a codicil dated January 23, 1943. The testatrix died on November 4, 1943. She left as her next of kin, a brother and nephews and nieces. The issues raised by the objections involve the proper execution of the two instruments, the testamentary capacity of the…