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FLYNN v. PRINDEVILLE

327 Mass. 266 (1951)

98 N.E.2d 267

ESTHER G. FLYNN vs. FRANK E. PRINDEVILLE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 3, 1951.

Attorney(s) appearing for the Case

A.R. Sisson, (W.J. Lee with him,) for the contestants.

T.J. Kelly, (W.B. Sullivan, Jr., with him,) for the proponent.

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

WILLIAMS, J.

In the matter of the petition for probate of the will of Rose J. Kelley, who died in Boston on December 29, 1949, the contestants of the will have appealed from an order of the Probate Court denying their motion to frame the following issues for a jury: "1. Was the instrument purporting to be the last will of Rose J. Kelley of said Boston, dated July 25, 1944, executed according to law? 2. Was the said Rose J. Kelley at the time of the execution of the...

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