In re Proving the Last Will & Testament of Plate

Fowler, S.

—This is an application for an order settling issues for trial by the surrogate and a common jury in a contested probate proceeding. Under the new • Surrogates’ Law of 1914 it has been the practice of this court to settle special findings in advance of the submission of evidence to the jury. It has been hitherto my individual practice in many cases to send ¡such issues to the Supreme Court for trial, or else, with my colleague’s consent, to remit them to the trial term of the court held by him. The Code gives me the choice and the right to send such issues to the Supreme Court, and…