In re the Probate of the Will of Kaufmann

McNally, J. (dissenting).

The decree should be affirmed.

In my opinion the evidence unexplained made permissible an inference in favor of the contestants. It was for the jury to say under all the facts and circumstances whether or not the acts of Weiss were artful and cunning contrivances which so overcame testator’s independent volition as to induce him to do what he otherwise would not have done. (Matter of Anna, 248 N. Y. 421, 427-428.) In the Anna case the Surrogate directed a verdict in favor of the will and the Court of Appeals held that where the unexplained evidence and circumstances…