Zolyan's Estate

Ladner, J.,

— Sur jury trial of an issue devisavit vel non. The issue was whether or not the signature to a certain paper writing, dated December 20, 1934 (probated as the last will of decedent, Abraham Zolyan), was a forgery. The jury found it was not a forgery, thus in effect rendering a verdict for plaintiff (proponent). Defendant (contestant) moved for a new trial and assigned nine reasons therefor.

The first three are the stereotyped reasons that the verdict was against the evidence, the weight of the evidence, and against the law. The learned judge (Bolger, J.) who presided at the trial…