ABBOTT v. NOEL


337 Mass. 133 (1958)

148 N.E.2d 377

ALBERT B. ABBOTT vs. HERBERT T. NOEL.

Supreme Judicial Court of Massachusetts, Middlesex.

March 5, 1958.


Attorney(s) appearing for the Case

George M. Poland, (Lyman C. Sprague with him,) for the proponent.

Harry M. Lack, for the contestant, submitted a brief.

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


SPALDING, J.

Mary A. Benson, late of Reading, died September 29, 1955. An instrument purporting to be her last will, dated January 1, 1955, was presented for probate by Albert B. Abbott, who was named therein as executor. Herbert T. Noel, who was the principal beneficiary under a purported will of an earlier date, contested the allowance of the later instrument, and, upon his motion, the judge of probate ordered jury issues to be framed on (1) the testamentary capacity...

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