Matter  of  Acker,  5  Dem.  19,  is  to  the  same  effect

It  is  dear  from  the  above  decisions  that  the  testatrix,  by  sign*
ing  in  tihie  attestation  clause,  incorporated  in  her  will  a  part  of
the  attestation  clause,  which  is  surplusage ;  and  the  signing  was
as  truly  at  the  end  of  the  will  as  though  she  had  signed  just


440  SUEEOQATE«  OOUBT  EEPOETS.
above  the  attestation  clause,  as  is  usually  dona  The  testatrix
in  this  case  did  not  divide  her  will  into  paragraphs,  the  whcde
will  being  one  solid  paragraph.  I  am  satisfied  that  she  comr
plied  with  the  requirements  of  the  statute  as  to  the  signing  of  the
will.
Some  of  the  contestants  have  confused  the  case,  Sisters  of
Charity  v.  Kelly,  67  N.  T.  409,  thinking  it  authority  against
this  will ;  but  I  do  not  so  read  that  case,  which  is  easily  distin-
guishable, the  facts  being  different  in  the  two  cases,  as  Kelly,,
the  testator,  signed  after  the  witnesses  had  signed.  There  is
nothing  in  the  Kelly  case  that  can  be  construed  as  an  authority
against  the  will  in  question.
The  testatrix  wrote  out  her  will  complete  before  the  witnesses
arrived,  except  the  right  three-fourths  of  the  line  on  which  she
subsequently  signed,  which  was  left  blank  until  she  signed  it  in.
