COWEE v. MORTON


336 Mass. 300 (1957)

145 N.E.2d 700

HOWARD W. COWEE vs. LEVERETT S. MORTON & others.

Supreme Judicial Court of Massachusetts, Worcester.

November 6, 1957.


Attorney(s) appearing for the Case

Stanley G. Barker, (John H. Devine with him,) for the contestants.

Henry W. Walker, for the proponent.

Present: WILKINS, C.J., RONAN, SPALDING, WILLIAMS, & CUTTER, JJ.


RONAN, J.

This is an appeal from an order of the Probate Court denying a motion for the framing of jury issues, first, whether the instrument purporting to be the last will of Harriett Ena Morton was executed according to law and, second, whether she was "at the time of the execution of the said alleged will of sound mind." The contestants do not now argue that there was error in the denial of the first issue and we confine our discussion to the refusal to grant the...

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