In re the Estate of Bartholomew

Pierson R. Hildreth, S.

It appears that the propounded instrument was duly executed and that at the time of execution thereof the decedent was in all respects competent to make a will and not under restraint. The genuineness of the will and the validity of its execution having been shown to the satisfaction of the Surrogate it is admitted to probate. (Surrogate’s Ct. Act, § 144; Decedent Estate Law, § 21.)

A question arises concerning appointment of the executor. The testator left his entire estate to his sister as sole legatee and devisee. The will dated July 31, 1961, named such sister…