In re the Estate of Ashley

In a probate proceeding, the proponent appeals from so much of a decree of the ‘Surrogate’s Court, Kings County, dated January 7, 1969, which (1) sustained an objection on the ground of lack of testamentary capacity, in accordance with the findings of a jury, and (2) denied probate. Decree affirmed insofar as appealed from, without costs. No opinion. Brennan, Acting P. J., Benjamin and Kleinfeld, JJ., concur; Hopkins and Munder, JJ., dissent and vote to reverse the decree insofar as appealed from and to grant probate to the propounded will, with the following memorandum: The Surrogate…