Decree modified on the law by striking out the provision awarding costs against the proponent individually, and by directing that the costs awarded to the contestant shall be payable out of the estate, and as so modified, decree unanimously affirmed, with costs to both parties, payable out of the estate.
The issue as to the testamentary capacity of the deceased was properly submitted to the jury. (Matter of Barney, 185 App. Div. 782, 794.) There was, however...
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