In re the Probate of the Will of Ernst

Memorandum: The order of the Surrogate of Erie County sending the issues in a contested *1021probate proceeding to Supreme Court for a jury trial should be modified insofar as said order attempts to limit the proof regarding the mental capacity of the decedent, August B. Ernst, to a period subsequent to April 25,1947. Upon filing objections to the probate of the will of the said August E. Ernst, it became the duty of the Surrogate to make an order directing a trial by jury of the issues raised by said objections and direct that the trial thereof be held either before himself and a jury or at a…