In Re the Probate of the Will of Katz

In this proceeding in Surrogate’s Court for the probate of a will, probate was denied “ because there is no proof that the attesting witnesses signed ‘ at the request of the testator.’ ” The learned Surrogate filed a written decision denying probate and thereafter a decree based upon such written decision and referred to therein.

It is apparent from a reading of the decision and decree that the Surrogate based his conclusion upon the ground that the statute, section 21 of the Decedent Estate Law (Cons. Laws, ch. 13) required positive direct testimony that the testatrix requested each of the…