In re the Probate of the Will of Beatty

In a contested probate proceeding the objections, that the propounded instrument was not duly executed and that it was procured by fraud and undue influence, were dismissed at the trial. On the single issue submitted to the jury it was found that at the time of the execution of the instrument the decedent did not possess testamentary capacity, and a decree was entered thereon dismissing the petition and denying probate to the instrument. Decree, insofar as appeal is taken (first, second and third decretal paragraphs) reversed on the law, with costs to appellant, payable out of the estate, and…