In re Moss' Will

It is impossible, in the disposition which is to be made of the appeal in the case at bar, to discuss in this opinion, at any length, the evidence which is contained in the record, without giving expression to opinions formed by a consideration of this evidence, to which undue and improper weight may be given upon a retrial of this proceeding before a jury. It has become too much the practice to permit the presentation to juries of the opinion of courts upon given questions of fact, with which opinion the jury has nothing to do. The jury has to determine the questions of fact, governed by the…