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BURNS v. DUNN

340 Mass. 526 (1960)

165 N.E.2d 129

ESTHER T. BURNS vs. HARRIET E. DUNN & others.

Supreme Judicial Court of Massachusetts, Middlesex.

March 10, 1960.

Attorney(s) appearing for the Case

James P. Cassidy, for the proponent.

John F. Donohoe, (Thomas M.A. Higgins & John J. Toohey with him,) for the contestants.

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

CUTTER, J.

This is an appeal from an order of the Probate Court framing, with respect to an instrument dated August 18, 1958, offered as the will of one John R. Coughlin, jury issues related to due execution, testamentary capacity, and undue influence. Coughlin died August 21, 1958. The motion for jury issues was heard upon the statements of counsel. See Spilios v. Bouras, 337 Mass. 176

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