Majority
p. 766In the Matter of the Probate of the Will of Benjamin Balamut, Deceased. Ann Kamlet, as Administratrix of the Estate of Sarah Flaum, Deceased, et al., Appellants; Minnie Eisler, as Executrix of Benjamin Balamut, Deceased, Respondent.
Upon the evidence adduced at the trial we are of opinion that each of the issues framed by the parties should have been submitted to the jury for determination. Decree unanimously reversed and a new trial ordered, with costs to the appellants to abide the event payable out of the estate. Present — Martin, P. J., Giennon, Untermyer, Dore and Cohn, JJ.