In re the Probate of the Will of Alexander

Hazleton, S.

Deceased, in her holographic will, named her attorney as her executor. His petition for probate has met with objections based upon lack of testamentary capacity of the deceased. Contestants now seek by this motion to examine both the attorney-executor and his partner concerning conversations had with the deceased, which motion in turn is challenged by petitioner.

In respect to the propounded paper, it is clear that petitioner can only testify “ as to its preparation and execution ”, provided he actually participated in either the preparation or the execution of the instrument…