In re the Probate of the Will of Stacer

Upon this appeal from a decree denying the probate of a proffered will and codicil, the principal questions raised are (1) whether proof of a prior will was admissible and (2) whether the attorney who prepared the prior will and presided at its execution was barred from testifying concerning it either by section 353 or by section 347 of the Civil Practice Act.

The petitioner-appellant offered for probate a will executed by the testator on December 11, 1950, together with a codicil executed May 21, 1959. The objectors-respondents interposed objections, asserting that the 1950 will had been…