In Re the Probate of the Will of Schillinger

A writing which purports to be the will of Catherine Schillenger was propounded by her executor. Among the objections to probate filed by contestants is an allegation that the execution of the will was procured by undue influence. The Surrogate submitted to the jury the single question whether the instrument was the result of the free act of the decedent, and the verdict was in the negative. The decree denying probate, entered upon that verdict, was reversed solely on the law, and the contestants, with a stipulation for judgment absolute in the event of affirmance, appeal to this court.

The…