Estate of Offill

A purported will of Mathias Walter Offill, deceased, was offered for probate under petition of E. Louise Bell, for. letters with the will annexed. Addie 0. Freeman, a daughter of deceased, contested the probate thereof on a number of separate grounds. Only three of the grounds of contest need be noticed herein, and they put in issue the points covered by the following references and quotations from the court’s findings.

After hearing without a jury the court found that neither of the alleged witnesses “signed said purported will as attesting witnesses or witnesses in the presence of said decedent.” That “said decedent did not at the time of or prior or subsequent to the subscribing of said purported will, declare to Ann Gambs, B. R. Darling and R. J. Darling, or any or either or all of them, that the instrument was his will.” That “ . . . the decedent did not, by word or action, or in any manner whatever, request the said [witnesses] or either or any of them, to sign said purported will as attesting witnesses. ’ ’

Based upon these points the court denied the probate of the will and proponent appeals.

Decedent had been married twice. The contestant was the only surviving child…