Meads v. Earle

This was an appeal from a decree of the Probate Court disallowing an instrument as the last will of Sarah J. Armstrong. The case was heard by a single justice of this court * upon an inspection of the will, the agreed facts and the depositions of the three subscribing witnesses. The appellee requested the judge to rule as matter of law that the instrument was not signed by the testatrix and attested and subscribed in her presence by three competent witnesses in accordance with the requirements of R,. L. c. 135, § 1. The justice declined so to rule and found as facts “ that so far as the will…