Opinion
October 7, 1938.
Appeal from Surrogate's Court of the County of Suffolk.
Resettled decree, in so far as appealed from, reversed on the law and the facts and a new trial ordered, with costs to the contestant-appellant, payable out of the estate, to abide the event. The determination of the surrogate was against the weight of the evidence. Lazansky, P.J., Carswell and Adel, JJ., concur; Hagarty and Taylor, JJ., concur in the reversal but dissent from the direction for a new trial and vote to deny probate of the instrument propounded, upon the ground that it was executed by the testatrix, enfeebled mentally, as a result of undue influence practiced upon her.