Majority
p. 670In the Matter of the Probate of the Last Will and Testament of Sarah Gates, Deceased. Amelia A. Dougall and others, Appellants, v. James O. Gates, Respondent .
Decree of the surrogate' of Oneida county reversed and ordered that a trial take place in a circuit court in the county of Oneida of'two questions, viz.-: (1.) Was Sarah Gates, the testatrix, at the time of the execution of the will offered for probate, possessed of competent mental capacity to execute a will? (2.) Was she under influence at the time of her execution of the will ? The costs of the appeal to abide the event. Opinion by