In re Brighton's Will — 108 N.Y.S. 1126

Majority

p. 1126

In re BRIGHTON’S WILL.

(Supreme Court, Appellate Division, Fourth Department.

January 15, 1908.)

Headnote

In the matter of the proving of the last will and testament of Thomas Brighton, deceased.

Decree of Surrogate’s Court reversed, with costs to the appellant to abide the event, payable out of the estate, and the following question of fa,ct is hereby ordered to be tried by a jury at a trial term of the Supreme Court, to be held in and for the county of Niagara, commencing on the 6th day of April, 1908, viz.: Was the alleged testator competent to make a last will and testament at the time the will proposed for probate was alleged to have been executed?

WILLIAMS, J., dissents.