Facts

Ella's 1946 will was admitted to probate. It gave 2/3rds of her estate to charitable institutions and 1/3rd to respondent. In 1927, Ella had executed a will leaving her entire estate to charity. Testatrix's next of kin sought to contest the 1946 will. The Prerogative Court reasoned that if the 1946 will failed the 1927 will would be effective and thus the appellants would have no standing to attack the 1946 will unless the 1927 will were also attacked. No proof of the invalidity of the 1927 will was offered and the appeal was dismissed. This was an appeal from that dismissal.