Piper v. Chaney

*263OPINION

By THE COURT:

This is an appeal on questions of law from an order of the Common Pleas Court sustaining defendant’s motion for a new trial and setting aside the verdict of a jury as being against the weight of the evidence. The error assigned is that the court abused its discretion in setting aside the verdict.

Two grounds for setting aside the will were assigned, mental incompetency of the testator and undue influence practiced upon him to induce the execution of his will.

Learned counsel concede that the judge who heard the motion for a new trial was authorized to pass upon it, and…