In re the Probate of the Will of Bennett

The appeal in this proceeding was entered after a second trial before the surrogate and a jury. Upon the former trial the surrogate directed a verdict in favor of the proponent upon the litigated questions of testamentary capacity and undue influence, and submitted to the jury, for their determination, the sole question of the due execution of the will. The jury found that the will was not duly executed, and a motion was made to set aside the verdict. This was denied at the close of the trial, but upon reargument it was granted and a new trial ordered. The order granting a new trial was…