In re the Probate of the Will of Gnirrep

In this contested probate proceeding, issues were framed by the Surrogate and ordered by him to be tried in County Court. At the conclusion of the trial, the County Judge correctly determined that the will had been duly executed by the testator and had not been procured by fraud or deceit. The County Judge reserved decision on proponent’s motion to dismiss the two remaining issues and submitted those issues to the jury. The issues were: Was testator of sound and disposing mind and memory? and Was it (the execution of the instrument) procured by undue influence of the proponent or any other…