In re Proving the Last Will & Testament of Lamerdin

Decree of the Surrogate’s Court of Queens county, directing, after disagreement of a jury, a verdict admitting a will to probate, reversed on the law and a new trial ordered before a jury, with costs to appellant [appellants], payable out of the estate, to abide the event. As on the previous trial, it was error for the court to direct a verdict. There were surely questions of fact to be decided by a jury. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.