In re the Estate of Cottone

In a probate proceeding, petitioner appeals from a decree of the Surrogate’s Court, Suffolk County, entered August 5, 1974, which, after a jury trial, denied probate to a purported will on the grounds that the testatrix lacked testamentary capacity and that, at the time of the execution of the purported will, she was under the constraint of undue influence. Decree reversed, on the law and the facts, with costs to petitioner *941payable out of the estate and proceeding remanded to the Surrogate’s Court, on the law, with directions to admit the propounded instrument to probate and for further…