Estate of Flentjen

SHINN, Acting P. J.

Lawrence E. Sterner presented for probate an alleged will of Auguste Caroline Flentjen, in which he was named executor and sole beneficiary. When his petition came on for hearing, April 30, 1946, it was disclosed by him to the court that he had learned, after the filing of his petition, that there were two nieces residing in Italy, children of a deceased brother and sister and who, with the others named in the petition, would be the heirs of decedent. The judge thereupon stated: “You will have to continue it to notify the Alien Property Custodian, and get them to appear. Do the best you can to figure out who these people are. Continued to May 28th at 9:30.” Counsel then stated that it would be inconvenient for the subscribing witnesses to return to court, and the court said: “We will take their deposition and the reporter will write it up and give it to you, and you can bring it the next time. Mr. Bloom : We cannot prove the will by these two witnesses now, as to the signature? The Coubt : If you want to take their depositions. Do you want to take their deposition now, and you can make arrangements with the reporter to have it written up. Mr. Bloom: All right. The Coubt: We will now take the depositions of the witnesses to the will in the matter of the Estate of Auguste Caroline Flentjen, No. 254559.” Fredericke L. Knapper was sworn as a witness for petitioner and testified that she knew decedent; that “Miss Flentjen was a customer of the store, and also a friend coming in and out of the store that was an acquaintance and she came in one day and she said, ‘You two ladies will do me a favor?’ I said, ‘Sure.’ She brought this paper. She said, ‘I need two names to my will,’ and that was all she said, and she opened the paper like this, and she said, ‘All you need to do won’t put you to any trouble, just put your names down,’ and we were feeling as a friend to sign. Q. She told you then it was her will? A. Yes. Q. By the Coubt: Had she already signed it? A. We did not see it. Q. You did not see her sign? A. No; she came from home and brought this paper, like she wanted us to help her. Q, When you signed it you don’t know whether she had signed it or not? A. No. Q. She did not sign it in your presence? A. No. ’ ’ She testified that she signed as a witness to the will.

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Clara A. Ibe, the other subscribing witness, testified that decedent asked her to sign as a witness, that she did so, and that although decedent did not sign the will in her presence, she stated to the witness that it was her will. Thereupon the court stated: “We might as well not go along with it. We might as well deny its probate. We could not make it a will. It is not properly executed. You will have to file a petition for letters of administration. Will denied probate.”