In re the Probate of the Last Will & Testament & Codicils of Baldwin

Whether the will in question was executed in accordance with the statutory requirements is, under the circumstances of this case, a question of fact. (Matter of Eldred, 109 App. Div. 777.) This court is required to review the facts de novo. (Surrogate’s Court Act, § 309.)

Catharine A. Baldwin, deceased, was evidently a very intelligent woman who was in the habit of transacting business. She drew her will in her own handwriting, including a full attestation clause. The surviving witness testified that she did not see the testatrix sign the will, that she did not see the testatrix’s signature…