263 Mass. 315 | Mass. | 1928
This is an appeal from an order denying a motion to frame issues to be tried to a jury upon a petition for the allowance of an instrument purporting to be a last will. The only point argued is that as matter of law the issue, whether the deceased was of sound mind at the time of the execution of the alleged will, ought to have been granted.
The case was heard upon statements made by counsel for the contestants and for the proponents respectively as to the nature of the evidence each expected to be able to present and upon the oral testimony of the attorney who drafted the alleged will and was one of the witnesses to it. In behalf of the contestants it was stated that the deceased was about eighty-three years of age at the time of his death and had suffered from a shock about twenty years before, from which he had never fully recovered; that within three years before his death he had attempted to commit suicide; that, although owning property worth about $40,000, he had endeavored to gain admittance to two eleemosynary institutions; that he suffered on some occasions from delusions as to the conduct of others toward him; that he appeared childish; that he often wept; that sometimes he had illusions and was suspicious of some of his family; that he was irritable, his memory had failed, and he was unable to recognize those whom he knew, and that certain alienists upon a hypo
The principles of law which should govern judges of probate in determining whether to frame issues for trial by jury in petitions for the allowance of wills have been stated with care and fullness in recent decisions. Fuller v. Sylvia, 240 Mass. 49,. 53. Cook v. Mosher, 243 Mass. 149, 152, 153. It is enough to refer to these adjudications without repeating
Order denying issues affirmed.