In Re the Probate of the Alleged Will of Hale

The opinion of the court was delivered by

Vanderbilt, C. J.

This is an appeal by the proponents of the last will and testament of William Hale, deceased, from the judgment of the Union County Court setting aside the probate of that document granted by the surrogate, on the ground that the will was not published as required by N. J. S. 3A :3-2. It is being considered by this court as a result of a certification of the matter on our own motion.

I

The paper purporting to be the last will and testament of William Hale, deceased, was dated June 17, 1954, and was offered for probate by his two sons,…