In re the Probate of the Will of Heyward

—In a proceeding to probate an instrument as the last will of John B. Heyward, deceased, contestant appeals from a decree of the Surrogate’s Court, Westchester County, made March 14, 1960, admitting the instrument to probate, after a jury trial on framed issues as to: (1) whether decedent had testamentary capacity; (2) whether he was free from restraint; and (3) whether the execution of the instrument was procured by fraud or undue influence. Decree affirmed, with costs to the proponent payable out of the estate. Section 147 of the Surrogate’s Court Act provides that objections to probate…