In re the Last Will of Guilfoyle

Vanclief, C. — Proceeding to revoke the probate of the will of the deceased.

The bill of exceptions shows that the matter was submitted to the court on the following stipulation as to the facts:—

“It is hereby stipulated and agreed that the application to revoke the will of the above-named deceased be, and the same is, hereby submitted upon the following statement of facts, to wit: —

“ Said will is in pencil, and barely covers a single [599]page of small note-paper. It is in the words and figures following, to wit: —

“‘August 29, 1891.

“‘I, Bridget Guilfoyle, leave $500 (five hundred dollars) for masses at St. Patrick; also want a nice funeral and all other expenses to be paid from what I leave, and the rest to my two nieces, Maria and Aggie Johnson, equally.. X

“‘Witnesses:— Ellen O’Connor.

“‘Emma Endres.

“‘Mary Daly.’

“The will was written by the witness ‘Emma Endres.’ at the request of the deceased. After it was written, the witness ‘Emma Endres’ read the will to the deceased, in the presence of the other subscribing witness. The deceased was then asked whether that was her will; the deceased answered that it was. She was then given a pen by the witness Emma Endres; the deceased knew how to write her name, but was physically too weak to do so; she made a cross at the end of the paper, and declared that such paper was her last will, and requested the said Emma Endres, Mary Daly, and Ellen O’Connor to sign the same as witnesses thereto.

“Oscar T. Shuck and H. C. Platt,

“Attorneys for the Contestants.

“F. J. Castlehun,

“Attorney for the Proponents.”

From these facts the court concluded “that said document is not subscribed at the end thereof by the testatrix herself, nor did any one, in the presence of the testatrix, and by her direction, subscribe the name of the testatrix thereto,” and accordingly revoked its former orders admitting the document to probate and appointing an administratrix.