In re the Probate of the Will of Tropper

In a contested probate proceeding, the contestants appeal from so much of a decree of the Surrogate’s Court, Queens County, as admits decedent’s will to probate, after trial before a jury on framed issues relating to testamentary capacity, fraud and undue influence. Decree, insofar as appealed from, reversed on the law and the facts and new trial ordered, with costs to appellants to abide the event; the new trial to be limited, however, to the issue of testamentary capacity. In our opinion the jury’s nonunanimous finding of testamentary capacity is contrary to the weight of the evidence. It…