In re the Probate of the Will of Barnes

Objections were filed to the probate of the will of the testator and thereafter a jury trial was had before the Surrogate on framed questions as to testamentary capacity and undue influence. The jury answered the questions in favor of the proponents and thereafter a decree admitting the will to probate was entered in the Surrogate’s Court. The order appealed from denies a motion in Surrogate’s Court on behalf of the contestants to vacate the decree of probate, and to set aside the jury’s verdict and grant a new trial. No motion was made upon the Judge’s minutes or upon a case to set aside the…