Decree, insofar as appealed from, reversed on the law and the facts and new trial ordered, with costs to appellants to abide the event; the new trial to be limited, however, to the issue of testamentary capacity.
In our opinion the jury's nonunanimous finding of testamentary capacity is contrary to the weight of the evidence. It is also our opinion that it was error for the Surrogate in his charge to instruct the jury with respect to the widow's right of election...
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