Opinion
November 9, 1942.
Decree of the Surrogate's Court, Queens County, denying probate of a will on the ground that the decedent was not in all respects competent to make a will, reversed on the facts and the matter remitted to the Surrogate for the entry of a decree admitting the will to probate, with costs to all parties filing briefs, payable out of the estate. Findings and conclusions reversed. The weight of the evidence establishes that the testator was possessed of testamentary capacity at the time of the execution of the instrument in suit, and that it should be admitted as his will. Lazansky, P.J., Johnston and Taylor, JJ., concur; Adel and Close, JJ., dissent and vote to affirm.