Massachusetts Supreme Judicial Court, 1948

Maynard v. Morton

Maynard v. Morton
Massachusetts Supreme Judicial Court · Decided October 27, 1948
323 Mass. 752; 82 N.E.2d 798; 1948 Mass. LEXIS 630

Maynard v. Morton

Opinion of the Court

Orders denying jury issues affirmed. These are appeals from orders of the Probate Court denying motions for jury issues in the matter of the alleged will of Etta A. Partridge, late of Worcester, deceased. It is not now contended that there was error in denying the issue of due execution. The arguments of the contestants are now directed to the issue of sound mind *753and fraud or undue influence. Upon consideration of the statements of expected evidence in the light of established principles of law governing the framing of jury issues (including recognition of the element of discretion vested in the probate judge) we conclude that there was no error in the denial of these motions. Fuller v. Sylvia, 240 Mass. 49. Hannon v. Gorman, 296 Mass. 437.

E. F. Simpson & Nunziato Fusaro, for the contestants, submitted a brief. W. L. Macintosh, for the proponent.

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