In re the Estate of Kelly

Wingate, S.

The mere fact that a legal contention is unprecedented is, of course, not conclusive as to its deficiency in merit. There is, on the other hand, however, no inference to be indulged that an individual attorney has discovered in the mountain of legal lore a vein of gold the existence of which was previously wholly unsuspected by the vast army of his contemporaries and predecessors.

The present petitioner is the widow of the testator who died m July of 1939 and whose will was admitted to probate in the latter part of the succeeding December. This will was executed in October, 1937,…