212 Mass. 338 | Mass. | 1912
This is an appeal from the decree of the Probate Court of the County of Suffolk allowing an instrument dated January 8, 1907, as the last will and testament of one Catherine Davis. Issues for the jury were framed by a single justice and the case was sent to the Superior Court for trial. There were three issues relating to the due execution of the will, the soundness of mind of the testatrix, and the procurement of the execution of the will by fraud and undue influence on the part of Catherine Shields, Mary Cannon and Bridget Gaygin, or either of them. In the Superior Court the jury answered all three issues in the affirmative. The verdict was set aside as to the third issue. Another trial was had, at which the third issue was the only issue submitted to the jury. They answered it in the affirmative. The case is here on exceptions by the appellee to the refusal of the presiding judge
The questions that were thus presented were entirely questions of fact. No fault is found with the charge to the jury or with any of the rulings of law that were required and were made. The
It follows that the rulings requested were rightly refused, and that the exceptions must be overruled.
So ordered.
Bond, J. After his death the exceptions were allowed by Pierce, J.