Majority
p. 636In the Matter of the Petition of Mary A. Starrs and George T. Starrs to Prove the Last Will and Testament of Charles M. Starrs, Late of the County of Kings, Deceased. Mary A. Starrs and George T. Starrs, as Executors Named in the Last Will of Charles M. Starrs, Deceased, Appellants; June Doyle, Respondent.
Decree of the Surrogate’s Court of Kings county and order denying motion for a new trial reversed on the law and the facts and a new trial ordered, costs to abide the event. The verdict that decedent lacked testamentary capacity is against the weight of the credible evidence. Appeal from order denying motion to vacate demand for jury trial dismissed. Lazansky, P. J., Hagarty, Carswell, Seudder and Davis, JJ., concur.