Majority
p. 941Frances Freeland Delabarre, Respondent, v. Anna S. Sees, Individually and as Executrix, etc., Appellant, and Maria L. Delabarre, Respondent.
— Judgment and order reversed and new trial granted, costs to abide the final award of costs, on the ground that the proofs fall short of showing any undue influence by the appellant. Surmise and conjecture as to how the deceased came so violently to disagree with his brother do not sustain a verdict. A possibility that undue influence may have been used cannot justify setting aside a will upon that ground. Jenks, P. J., Burr, Thomas, Carr and Putnam, JJ., concurred.