In re Proving the Last Will & Testament of Delprat

Fitzgerald, S.

The instrument offered for probate purports to have been subscribed by the decedent and signed by two witnesses. There is a full attestation clause. One of the subscribing witnesses cannot be found. The other, a French woman, was examined by commission and testified that the decedent subscribed the will in the presence of both witnesses, and requested her to sign the “ instrument ” as a witness; that she so- signed and that she saw the other witness sign. She testified positively that the decedent did not declare that the intrument was her will, at least not in the French…