1 Mass. App. Ct. 823 | Mass. App. Ct. | 1973
This is an appeal from an order of the Probate Court allowing a motion to frame jury issues in the matter of the allowance of the will of Jacob Gross by which he gave the bulk of his estate to his daughter, Eva Markus. The will provided for a small bequest to his son, Robert Gross, the contestant. The judge allowed the motion on three issues: 1. Was the decedent of sound mind? 2. Was the execution of the will procured by the fraud or undue influence of Eva Markus? 3. Was the will executed with a knowledge of its contents by the decedent and an intention that it be his last will? The motion was heard upon statements by counsel of expected evidence. A recitation of the details of those statements would serve no useful purpose. The law
Order of the Probate Court reversed.