
    In re CARD’S WILL.
    (Supreme Court, Appellate Division, Fourth Department.
    May 25, 1910.)
    In the matter of the probate of the last will and testament of Emily L. Card, deceased.
   PER CURIAM.

Decree of Surrogate’s Court reversed, upon questions of fact, with costs to appellant to abide event, payable out of the estate, and a trial of the following issues of fact directed to be had, as provided by section 2588 of the Code of Civil Procedure, by and before a jury of the Supreme Court, at a Trial Term thereof, to be convened at Mayville, in and for the county of Chautaqua, on the first Monday in October, 1910, to wit: (1) Did Emily L. Card possess testamentary capacity at the time of the execution of her alleged will, bearing date January 31, 1903? (2) Was the execution of said alleged will procured by undue influence practiced upon her?  