In re the Probate of the Will of Walther

In this proceeding for the probate of the will, objections were filed and the matter was tried out before the Surrogate and a jury. The jury by its verdict sustained the proponent except as to the third question submitted, viz., whether the testatrix was free from restraint and undue influence. Answering that question, the jury found for the objectant by a 10 to 2 vote. After the verdict was reported, the propo*159nent moved to set aside the verdict as to question numbered “ third ”. The Surrogate made a decree which (1) granted a motion by the proponent to dismiss the objections on the ground…