Decree modified, on the law, by (1) striking from the first decretal paragraph thereof the words "in all respects competent to make a will and was"; (2) striking therefrom all the other decretal paragraphs; and (3) adding a provision that a new trial is granted upon the issue of testamentary capacity. As so modified, decree affirmed, without costs.
This court has not considered the questions of fact on that issue. In our opinion the evidence was sufficient to present...
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