Massachusetts Appeals Court, 1975

Asack v. Asack

Asack v. Asack
Massachusetts Appeals Court · Decided January 30, 1975
3 Mass. App. Ct. 702; 322 N.E.2d 440

Asack v. Asack

Opinion of the Court

After an extensive hearing a judge of a Probate Court entered a decree allowing the will of Adele Asack, late of Brockton. 1. A review of the evidence discloses that the judge’s findings (implicit in the entry of the decree) on the issues of due execution, testamentary capacity, and undue influence were not plainly wrong. Montgomery v. von Metzler, 2 Mass. App. Ct. 885 (1974). 2. There was sufficient evidence that Dr. Masurkie was an attending physician so that his opinions as to the testatrix’s mental capacity at times shortly before and after the execution of the will were properly admitted. Hastings v. Rider, 99 Mass. 622, 625 (1868). The number of times that Dr. Masurkie had seen the testatrix and the length of time during which she had been his patient went to the weight rather than to the competency of his testimony. Id. at 627.

Decree affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.