In re Proving the Last Will & Testament of Dorsey

Fowler, S.—

The trial of the controverted questions of fact (put to the jury by an interlocutory order dated Eovember 1, 1915, based on the contestant’s objections demanding a trial by jury of such controverted issues) came on for hearing before me and a jury, duly impaneled and selected for the purpose, at this Trial Term of this court. At the close of the evidence I directed a verdict on all the questions so put to the jury, substantially in favor of the will. I then directed meo motu the ■ proponent to move, pursuant to section 1233 of the Code of Civil Procedure, for judgment at a late day…