Estate of Miner

This is an appeal from an order by which a petition for the revocation of the probate of the will of Francis Nita Miner, deceased, was denied.

As stated by appellants, the sole question presented for consideration “is whether the will was acknowledged by decedent in the presence of the two witnesses, present at the same time.”

The evidence which related to the acknowledgment of the will which was adduced at the hearing of the contest showed that on a certain date the testatrix signed and acknowledged the will in the presence of one of the witnesses thereto, who at the same time, as such witness, affixed her signature thereto. On the day following, while the second witness and the testatrix were in a bedroom in an apartment occupied by the latter, the testatrix showed the will to the second witness, who thereupon read the same. At that time and continuously thereafter during the alleged acknowledgment of the will by the testatrix, the first witness was either in the same room with, or in an adjoining room to, that occupied by the testatrix and the second witness. As testified by one of the witnesses, it was “only just a small apartment.” The size of each of the rooms was…