In re the Will of Smith

Witmer, S.

The testatrix died on April 25, 1947, leaving a will dated January 3, 1941, which has been admitted to probate, the second paragraph of which, provides as follows: “ In view of the fact that my present husband Fred Smith has neglected to provide for me during the greater part of our married life, and in view of the fact that I have not only earned money and paid for my own support and maintenance but also during the most of our married life have contributed to his support, I make no provision for him in this my last will and testament whatever.”

The petitioner is the “ Fred Smith ”…