In re the Probate of the Last Will & Testament of Schillinger

Feely, S.

The only question submitted to the jury was whether the propounded writing was the free act and deed of the decedent. The verdict declared it was not such. Thereupon this motion for a new trial was made both on the facts and on the law.

As to the first ground, that the verdict was against the “ weight of the evidence,” the fact that this specific question of freedom or force went to the jury, without objection, shows the proponent realized then the ultimate state of the proof was such that differing inferences might reasonably be drawn from the testimony, according to the manner in…