In re the Estate of Brown

Feely, S.

When the issue herein was moved for trial, without jury, certain questions arose as to whether the recent ruling in the Schillinger Case (258 N. Y. 186, affg. 231 App. Div. 679, which revd. 135 Misc. 42) had any effect on other procedural matters in contested probate than the proper charge to a jury as to undue influence. The decision in the case cited concerned only the propriety of a charge to the jury on the “ burden of proof,” that was based on the authorities now grouped in Miller v. Blumenshine (343 Ill. 531; 76 A. L. R. 362, 373); and on that point each appellate court appears…