Feely v. Kane

Plaintiffs appealed from an order denying their motion for a new trial.

*142The action involved the validity of the will of Sarah Begley. A jury rendered a special verdict finding that she had mental capacity to make the will. The trial was lengthy. The claim is that the case was given to the jury December 4, 1928, at 2:35 p. m. and that it deliberated until December 5, 1928, at 10:45 a. m. when at its request it was brought into court and this occurred:

Foreman: “We cannot agree.

The Court: “You.have not been out there long enough.

Foreman: “I wanted to know if you had any remarks to make to me.

The…