
    In re TORPHY’S WILL.
    (Supreme Court, Appellate Division, First Department.
    July 7, 1910.)
    Appeal from Surrogate’s Court, New York County. Judicial proceedings on the probate of the will of Bridget Torphy, deceased. Appeal from a decree of the Surrogate’s Court admitting the will to probate.
    Reversed.
    H. N. Holde, for appellant.
    J. Aspinwall Hodge, for respondent.
   PER CURIAM.

A consideration of the record in this case satisfies us that the matter is a proper one in which the question as to whether or not the November will was actually executed by the decedent should be submitted to a jury. The decree is therefore reversed, and a trial before a jury at Trial Term of the Supreme Court is directed, with costs to the appellant to abide the event.

CLARKE, J., dissents.  