In re the Estate of Hawes

Foley, S.

The motion for the resettlement of the order framing issues upon the trial of this contested probate proceeding is denied. That order affects solely the validity of the paper writing dated July 28, 1919, offered as the last will and testament of the decedent. Upon this motion the husband of the testatrix seeks to include in the issues to be submitted to the jury the validity of the paper alleged to have been executed on February 1, 1906. His contention is that mutual wills were executed simultaneously by himself and his wife pursuant to a valid agreement, and that thereby the will of…