Majority
p. 717In the Matter of Proving the Last Will and Testament of Mary G. McCullough, Deceased. Peter Cantline, Special Guardian for William S. Montgomery and Margaret Anne Montgomery, Infants, etc., Appellant; John M. Pollock and Frank O. Corwin, as Executors, etc., of Mary G. McCullough, Deceased; and Henry Hirschberg, as Special Guardian for Anne R. Corwin and John R. Gallagher, Infants, etc., Respondents.—
Decree of the Surrogate’s Court of Orange county, so far as appealed from, and order denying motion to set aside the verdict and for a new trial reversed upon the law and the facts and a new trial ordered, costs, payable out of the estate, to appellant to abide the event, upon the ground that the verdict of the jury is against the weight of the evidence. Lazansky, P. J., Young, Seudder and Tompkins, JJ., concur; Kapper, J., dissents.