Opinion
January, 1912.
Decision amended by striking therefrom the words "upon questions of fact" and inserting in place thereof "on the ground that the uncontradicted evidence shows that by the mutilation the testatrix did not intend to revoke the entire will." All concurred; Smith, P.J., and Betts, J., voting for a further modification to require a submission of the question to a jury, being of the opinion that, notwithstanding the evidence is uncontradicted, there is still a question of fact as to the intention of the testatrix in mutilating the will, which should be determined by a jury. (See 147 App. Div. 483.)