
    In the Matter of the Petition of Anna Hamberger to Prove the Last Will and Testament of Morris Levine, Late of the County of Kings, Deceased. Anna Hamberger and Others, Respondents; Louis Levine and Others, Appellants.  —
    
      
       Appeal dismissed, 258 N. Y. 627.
    
   Decree of the Surrogate’s Court of Kings county reversed upon the law and the facts and a new trial ordered as to question No. 5, namely, Was the execution by Morris Levine of said paper offered for probate, caused or procured by the undue influence of any person or persons? ” with costs in this court, payable out of the estate, to the parties prevailing upon the trial. In our opinion the testimony and circumstances presented a question for the jury as to the issue of undue influence. Lazansky, P. J., Young, Seudder and Tompkins, JJ., concur; Kapper, J., dissents and votes to affirm.  