Dengler Estate

Lefever, J.,

This is an appeal from the action of the register in probating and granting letters upon an alleged will, dated May 18, 1955. The learned hearing judge heard the testimony of the subscribing witnesses, the testimony of the contestants’ witnesses and only a portion of the evidence offered by the proponents. At the conclusion of the testimony of one of the proponents’ witnesses, who was also a subscribing witness, the hearing judge interrupted the hearing and ordered a jury trial on the issues of undue influence, and the mental and physical capacity of testatrix to make the disputed…