Majority
p. 765In the Matter of Proving the Last Will and Testament of Henrietta F. Lamerdin, Late of the County of Queens, Deceased. Mary A. Lamerdin and John P. Lamerdin, Jr., as Temporary Administrators, etc., of John P. Lamerdin, Deceased, Appellants; Grace D. McKenna and Edwin V. Hellawell, as Executors, etc., of Henrietta F. Lamerdin, Deceased, Respondents.
Decree of the Surrogate’s Court of Queens county, directing, after disagreement of a jury, a verdict admitting a will to probate, reversed on the law and a new trial ordered before a jury, with costs to appellant [appellants], payable out of the estate, to abide the event. As on the previous trial, it was error for the court to direct a verdict. There were surely questions of fact to be decided by a jury. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.