This is an appeal from an order of a Probate Court judge denying the contestant’s motion to frame jury issues. The motion was heard on counsel’s statements of expected evidence. We have examined those statements (Abbott v. Noel, 337 Mass. 133, 138 [1958]; Guazzaloca v. Brooks, 1 Mass. App. Ct. 823 [1973]) and, after giving due weight to the decision of the probate judge, conclude that there was no error.

Order affirmed.