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HIND v. DeLONG

325 Mass. 275 (1950)

90 N.E.2d 306

HARRY L. HIND vs. EVELYN H. DeLONG.

Supreme Judicial Court of Massachusetts, Norfolk.

February 6, 1950.

Attorney(s) appearing for the Case

W.G. Todd, (R.E. Kelley with him,) for the contestant.

E.M. Murray, for the proponent.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.

SPALDING, J.

Upon a petition for the allowance of an alleged will of Florence H. Johnson, a motion was made by the contestant to frame the usual jury issues on (1) execution, (2) testamentary capacity, and (3) undue influence. The motion was denied and the contestant appealed. Only the second issue (testamentary capacity) is now pressed. The motion was heard solely upon oral statements of expected evidence presented by the...

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