In re the Probate of the Will of Villani

This is an appeal from a decree of the Surrogate of Bronx County, based on a jury verdict, denying probate.

The sole question is whether the deceased had testamentary capacity. Proponent was the attorney for the deceased more than 20 years. The propounded will, dated December 29, 1963, *77and a prior will, dated November 13, 1950, had been drawn by proponent. The witnesses to the propounded will subscribed the testimonial clause. They were the proponent, his wife, and a neighbor of decedent, presently incapacitated.

At the time of the execution of the propounded will, decedent was 81. Prior to…