In re the Probate of the Will of Ernst

This is an appeal from that portion of a decree granted by the Surrogate of Erie County admitting to probate the instrument dated May 5,1947, as the last will and testament of August E. Ernst after a trial of the stated controverted questions in a contest against the admission of the will in Supreme Court, Erie County, before a jury.

On the trial the Trial Justice directed the jury to answer affirmatively the questions as to due execution of the instrument and as to the testator’s being of sound mind and memory and being capable of making a will and to answer in the negative the question as to…