In re Dunn

Ketcham, S.—

In a proceeding for the probate of a will,, there has been a trial.by jury, upon demand therefor in which were presented the questions of execution, testamentary capacity and undue influence.

By direction of the court, the jury found that the will was duly executed and that it was not procured by fraud or undue influence. Upon submission to the jury of the remaining question, a verdict was rendered that the testatrix wa-s possessed of testamentary capacity.

At the close of the trial, the only application of the contestant was that the verdict he set aside and that a new trial be…