In re Proving the Last Will & Testament of Compton

McCauley, S.

The contestants concede that the evidence submitted by the proponent, which is not contradicted, establishes the due execution of the will and codicil, and the competency of the testatrix to execute the same. They must, therefore, be admitted to probate, as already announced.

The contestants have, however, expressly put in .issue, under the provisions of section 2624 of the Code of Civil Procedure, the validity, construction and effect of the fourth and fifth clauses of the will, and the second clause of the codicil, and these questions are yet to be determined.

By the fourth and…