In re the Probate of the Will of Taylor

Order reversed on the law, with $10 costs and disbursements, and motion to vacate granted, without costs. Memorandum: The Surrogate erroneously granted the motion to withdraw a juror and for a mistrial. The jury reported a verdict on question No. 1. It disagreed on question No. 2. Under section 463 of the Civil Practice Act, the Surrogate, on being satisfied of their inability to agree, should have discharged the jury on his own motion and directed that another jury be drawn to hear the issue, and in view of the disagreement as to question No. 2, the Surrogate should have made an order either…