Wixom

— This proceeding was instituted under section 1327 of the Code of Civil Procedure to revoke the probate of the will of Betsey E. Cole, deceased, on the ground of incompetency by reason of mental incapacity at the time of its alleged execution. The plaintiffs are the children of the deceased children of testatrix, and as such claim an interest in her estate. The defendants, with the exception of the executors, are the children of testatrix, and legatees and devisees under the will. '

The only issue submitted by the court to the jury was as to the mental capacity of the testatrix, and the finding of the jury thereon was as follows: “Was the deceased, Mrs. Betsey E. Cole, on the seventh day of May, 1887, the time of the execution of the alleged will, of sound and disposing mind? A. Yes.”

Plaintiffs then moved the court to set aside the verdict and grant a new trial, on the following grounds: “1. Insufficiency of the evidence to justify the verdict, and that it is against law; 2. Errors in law occurring at the trial, and excepted to by plaintiffs,” —which motion was denied by the court.

This appeal is taken by plaintiffs from the order denying their motion for a new trial.

The…