New Total — Insufficiency of Evidence — Appeal—Review of Order.— Where a motion for a new trial is based upon alleged errors of law occurring at the trial, and also upon the insufficiency of the evidence to justify the verdict, and the order of the court below granting the motion does not state the ground upon which it was based, it must be sustained upon appeal if it can be justified upon the ground of the insufficiency of the evidence.

Id. — Review of Evidence by Trial Court — Conflict.—When the judge of a trial court grants a new trial for insufficiency of the evidence to warrant the verdict, his order will not be reversed, unless it appears to the appellate court that he had no reasonable and just ground to hold that the verdict was against the weight of the evidence; and the mere fact that there was conflicting evidence on the points at issue does not preclude the trial court from granting a new trial.

Id. — Discretion—Review upon Appeal. — A motion for new trial is addressed to the sound legal discretion of the trial judge, and an order granting or refusing it will not be disturbed, unless it appears that there has been a manifest abuse of discretion.

Id. — Contest of Will — Undue Influence — Insufficiency of Evidence. Where a will is contested upon the ground of undue influence, and it appears that the will was made by a man in the prime of life, and in the full possession of his mental powers, who gave instructions for his will to a lawyer, and executed it in accordance with the forms of law, without the presence of any relative, an order granting a new trial for insufficiency of the evidence to justify a verdict that the testator was unduly influenced will not be disturbed upon appeal.

Id. — Scrutiny of Verdict Against Will — Verdict Properly Set Aside. — The upsetting of wills is a growing evil, and a verdict having that effect should be closely scrutinized by the trial judge; and where it appears that the will was executed under such circumstances that the judge may well conclude that the verdict against the will was founded more upon the jury’s own notion as to what the will ought to 1 have been than upon a conclusion from the evidence that it did not express the wishes of the testator, the verdict is properly set aside.