SANTRY v. FRANCE


327 Mass. 174 (1951)

97 N.E.2d 533

ELEANOR B. SANTRY vs. ELIZABETH FROST FRANCE.

Supreme Judicial Court of Massachusetts, Middlesex.

February 6, 1951.

March 7, 1951.


Attorney(s) appearing for the Case

J.P. Cassidy, (G.N. Moushegian with him,) for the petitioner.

J.C. Johnston, for the contestant.

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


LUMMUS, J.

On a motion to frame issues for trial by jury in the matter of the probate of an alleged will of Albion C. Taylor, late of Lowell, the Probate Court framed the following issue: "Was said Albion C. Taylor of sound mind at the time of the execution of the instrument which is now propounded as his last will?" Eleanor B. Santry, the person named as executrix, appealed.

Albion C. Taylor was born on June 6, 1865, and died on December 9, 1949, leaving...

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