In re the Estate of Carpenter

Taylor, S.

A serious question has arisen with respect to the right to open and close to the jury in this will contest. Both sides claim it. The question is important because the cases hold that this right is a substantial one and the denial of it may be harmful error. (Lake Ontario Nat. Bank v. Judson, 122 N. Y. 278; Conselyea v. Swift, 103 id. 604.)

This case differs from the usual run of will contests in that the only objection interposed is that of fraud and undue influence.

There can be no question that if lack of testamentary capacity were alleged, or failure to meet the statutory…