Estate of Fay

This is a proceeding for the probate of a certain instrument alleged in the petition-to be the last will and testament of John Fay, deceased.

The proposed will is olographic in form, was entirely written, dated, and signed by the hand of the testator himself. It bears date “May twenty-fifth eighteen hundred and fifty-nine. ’ ’

This alleged will makes certain bequests and devises to the surviving wife and children of the deceased, naming them, and, among others, to a daughter, Mary Montealegre.

It appears that at the date of said will the said testator was unmarried and none of his said children was yet born; that Mary Montealegre, his daughter, was married on the thirty-first day of January, 1887, to Charles F. Montealegre, from whom she was divorced on the twenty-ninth day of July 1890, and by the provisions of the decree of divorce she was authorized to resume her maiden name of Mary Fay. She died March 29, 1900, nearly two years prior to the death of the testator, leaving her surviving no child or children or lineal descendants. Luke Fay, the oldest son of said deceased, was born February 28, 1861, nearly two years subsequent to the date of said will.

It is apparent,…