In re the Estate of McAvish

Delehanty, S.

The court finds as a fact that deceased signed the instrument propounded as her will in the presence of Isidor Rothenberg and Margaret M. Mitchell; that she declared the instrument to be her will; that she requested each of the persons there present to sign as her witnesses and that they did sign in her presence and in the presence of each other.

The fact that the signature Margaret M. Mitchell made on that occasion is below the attestation clause and the signature of Isidor Rothenberg is above it does not affect adversely the right of proponent to have the will admitted. Neither…