251 Mass. 229 | Mass. | 1925
A petition was duly presented to the Probate Court for the allowance of the will of Julian Dana de Cordova, late of Brookline. Alice de Cordova appeared in that proceeding, alleging that she was the widow of the deceased. Her status was denied. She presented a petition that several issues be framed for trial by jury, designed bo 'establish whether she is the widow of the deceased. Her appeal from the refusal of the judge of probate to frame issues brings the case here.
It is manifest that the question whether Alice de Cordova is the widow of the decedent is preliminary to the question whether the instrument offered for probate should be allowed as his last will. Although the two issues might be tried together, it was entirely proper that the status of Alice de Cordova be tried and decided first. Goff v. Britton, 182 Mass. 293. Pattee v. Stetson, 170 Mass. 93.
Decree dismissing motion affirmed.