In re Proving the Last Will & Testament of Hill

Motion for a reargument denied, with ten dollars costs; motion for leave to appeal to the Court of Appeals denied. We think that the charge to the effect that where the proof of undue influence is based on circumstantial evidence, such evidence must be such as to make the inference of its exercise irresistible, was erroneous. Nevertheless, it was not of sufficient importance in view of the entire charge and all the proof upon the trial to require a reversal.