In re the Estate of Evander

In a contested proceeding to probate a certain instrument as the decedent’s will, the petitioner appeals from a decree of the Surrogate’s Court, Queens County, rendered March 16, 1961 after a jury trial upon framed issues, denying probate and dismissing the petition on the grounds, inter alia, that decedent lacked testamentary capacity and was subjected to undue influence and fraud. Decree modified on the law, as follows: (1) by striking out its first, third, fourth, fifth and seventh decretal paragraphs, which adjudged: (a) that said instrument had not been duly executed as required by…