Estate of Jenkinson

A document probated as the last will and testament of Eliza Jane Jenkinson, deceased, was thereafter contested by the respondent and was adjudged null and void, and the order admitting the same to probate was revoked. The proponent appealed from said judgment.

Upon the original petition for probate the instrument in controversy was alleged to have been the olographic will of the decedent—entirely written, dated and signed by the hand of the testatrix. It consisted of twelve consecutively numbered paragraphs or provisions, ' and an attestation clause, immediately following which appeared the name of the deceased, all in the handwriting of some person. Opposite the tenth paragraph, which directed that cash remaining after payment of legacies be equally divided, appeared in the margin the notation, “with my four children”. The eleventh paragraph was entirely obliterated, apparently with pencil. Following the last provision was written: “In witness I hereby set my hand this 3rd day of December, 1927.” A cross then appears, as indicating the place for signature, but the signature is absent. At the bottom of the page was written the word “over”, and then follows upon the opposite side…