In re the Estate of Gleason

Fowler, S.—

This is a cross-motion for judgment on the verdict of a jury and for a new trial. But one question was left to the jury by the surrogate, viz., the capacity of the testatrix to testaméntate. The jury answered this question in the affirmative, and as I myself would have answered it had I been still constituted judge of the facts in all probate proceedings. In those contested probate inquisitions where jury trials are demanded “ juratores sunt judices facti ” by the new Surrogates’ Law of 1914. When juries find verdicts according to the evidence their verdicts, of course, must stand;…