In re the Probate of the Last Will & Testament of Tremain

Decree of the Surrogate’s Court, Westchester county, admitting to probate in its original form a script propounded as the will of the decedent, unanimously affirmed, with costs to the respondent, payable out of the estate. Our views on the ultimate and substantial=question here involved makes unnecessary the consideration of any other contention. No jury question existed in respect to the intent with which the markings on the script propounded were made. No such question could arise unless and until it appeared that the markings were of such a character that they so affected such a vital part…