In re the Probate of the Will of Inglis

Roy M. Page, S.

The issue presented in this case is as to whether, at the execution of the propounded instrument, there was a sufficient compliance with section 21 of the Decedent Estate Law. In this case, concededly, the document in question was not signed by the alleged testator in the presence of the sole surviving attesting witness. 'The question is whether, alternatively, the alleged testator duly acknowledged his signature.

The propounded instrument consists entirely of the alleged testator’s writing on a single sheet of ordinary legal cap paper. Except for the indorsement on the back, it…