In re the Probate of the Will of Brush

In this contested probate proceeding, the contestants appeal from the decree of the Surrogate’s Court, New York County, admitting decedent’s will to probate after a trial before the court and a jury on framed issues relating to testamentary capacity and undue influence.

The decedent died at the age of 83 years, survived by two distributees, a niece and a nephew, who are the contestants. Both niece and nephew had been on friendly terms with the decedent. On July 6, 1954, less than three months prior to her death, the decedent executed the will admitted to probate, under which she left her…