In re Proving the Last Will & Testament of Gallo

In a proceeding commenced by respondent Emilia Mazzara Gallo, by petition, for probate of a paper writing as the last will and testament of Giuseppe Gallo, the appellants, by answer, alleged lack of due execution, lack of testamentary capacity, and fraud and undue influence. An order was made directing trial of the issues by jury in the form of seven questions. At the conclusion of contestants’ case, the learned surrogate granted respondent’s motion to dismiss the objections, instructed the jury to answer the framed issues in accordance therewith, and directed that the paper writing be…