In re Proving the Last Will & Testament of Vetter

Fowler, S. —

The motions for judgment on the findings of the jury and for .a' new trial having come on to be heard, pursuant to the practice indicated in Matter of Dorsey (94 Misc. Rep. 566), I have examined the record and find no error of substance. The order of proof and the conduct of the trial in this *440matter on the issues submitted to the jury under the new law regulating contested probate proceedings before juries were correct. The order of proof at common law is .always in the discretion of the trial judge presiding at jury trials. The surrogate can have no less, no greater, or no…