In re the Probate of a Paper Propounded as the Last Will & Testament of Huber

Fowler, S.

The issues of fact herein having come on before the surrogate and a jury, and on the testimony taken in open court, there being in the opinion of the surrogate no issue of fact left for the jury, the jury answered, in accordance with the surrogate’s direction, the questions brought on before them in this contested probate proceeding in this court. The proponent then moved at a later day for the surrogate’s decree of probate, based on the directed findings of the jury, and the contestants at the same time moved on the minutes for a new trial on various grounds then specified. This…