In re the Probate of the Last Will & Testament of Wolf

Decree reversed and new trial granted, with costs to appellants to abide *907event, payable out of the estate. Held, 1. That the declarations of the daughter Ida, the residuary legatee and devisee, were incompetent and so prejudicial as to require a new trial. (Matter of Kennedy, 167 N. Y. 163; Matter of Mayer, 184 id. 54, 61; Matter of Van Dawalker, 63 App. Div. 550.) 2. That the evidence is insufficient to support the finding of undue influence or lack of testamentary capacity. All concurred.