In re the Estate of O'Brien

Foley, S.

Upon the trial of this contest the jury found in answer to specific questions submitted, first, *729that at the time of the execution of the will the deceased was of sound mind and possessed of testamentary capacity, and second, that the will was procured by undue influence. The proponent moves to set aside the verdict on the finding of undue influence. The contestants move to set aside the verdict on the finding of testamentary capacity. The motion of the proponent will be granted on the grounds that the verdict of the jury is inconsistent, is against the evidence and weight of evidence…