Opinion
July, 1910.
Present — Ingraham, P.J., Laughlin, Clarke, Scott and Miller, JJ. Clarke, J., dissented.
A consideration of the record in this case satisfies us that the matter is a proper one in which the question as to whether or not the November will was actually executed by the decedent should be submitted to a jury. The decree is, therefore, reversed and a trial before a jury at Trial Term of the Supreme Court is directed, with costs to the appellant to abide the event.
Decree reversed and jury trial ordered, costs to appellant to abide event.