In re the Estate of Flynn

—In a probate proceeding, the appeal is from a decree of the Surrogate’s Court, Kings County, dated October 5, 1978, which, inter alia, directed that the instrument in question be admitted to probate, upon a directed verdict, after a jury trial. Decree reversed, on the law, and new trial granted on the issue of whether the testator lacked testamentary capacity, with costs to abide the event payable out of the estate. On June 22, 1977 the decedent, 84 years of age, executed a will by which he left three quarters of the residue of his estate to his son Edward R. Flynn, and one quarter to his…