In re Proving the Last Will & Testament of Kennedy

Fowler, S.

This is a motion to amend a decree in a contested prohate proceeding by striking therefrom the grant of letters testamentary to the executors of the will probated. The proceeding was conducted by the surrogate with the aid of a jury in conformity with the late statute in such cases made and provided. Pursuant to a late decision of the Court of Appeals on an appeal from the 'Second Department, the surrogate was constrained to direct the jury to find the facts embraced in the special issues framed for the jury, as he was convinced that a verdict against the will would be against the…