In re Proving the Last Will & Testament of Price

Foley, S.

In this contested probate proceeding the only issues submitted to the jury were undue influence arid fraud. Upon these questions they were unable to agree. Counsel for the proponent *20having previously moved for a dismissal of the objections and a direction of a verdict, upon which decision was reserved, the surrogate proceeded to dispose of these motions as follows:

Upon the evidence it is clear that a verdict must be directed on the fifth and sixth questions as follows: On the fifth question (Was the will procured by undue influence?) in the negative; on the sixth question (Was the…