Opinion
March 6, 1957
Appeal from the Onondaga Surrogate's Court.
Present — McCurn, P.J., Vaughan, Kimball Williams and Bastow, JJ.
Decree and order reversed on the law and matter remitted to the Surrogate's Court for further proceedings in accordance with the memorandum. Memorandum: In a case where reasonable inferences may be drawn from the evidence that the purported will did not represent the dispositive purpose or intent of the testator, the case is one for the jury to determine. Here, we think a question of fact was present as to whether the will propounded was in fact freely and voluntarily made or executed by the testatrix, Maude Johnson, or was the product or result of undue influence practiced upon her by the two beneficiaries named in said paper executed by said Maude Johnson. In our opinion, it was error to direct a verdict. The decree admitting the will to probate is reversed on the law and the matter remitted to the Surrogate's Court for a new trial before a jury. All concur.