In re the Estate of Phillip

Rogan, S.

This proceeding was instituted by certain relatives of the testatrix under section 145 of the Surrogate’s Court Act for a determination as to the validity and effect of the legacy bequeathed to Hazel M. Cole, one of the subscribing witnesses to the original will.

The facts are as follows: The decedent, a resident of the city of Albany, died on October 26, 1937. On January 30, 1928, she executed her will, directing the payment of her debts and funeral expenses, and providing for a suitable marker to be placed upon her grave. The rest of her estate she gave to her sister, Sarah E.…