¶1O.rder denying jury issue affirmed. This is an appeal from an order of the Probate Court in the matter of the alleged will of Hervey W. Lincoln, late of Brookline, deceased, denying a motion of the contestants for the framing of an issue for trial by" jury. The issue was whether one bequest in a codicil was procured by undue influence. Upon consideration of the statements of expected evidence and recognizing the element of discretion vested in the probate judge, we are of opinion -that there was no error in the denial of this motion. See Hannon v. Gorman, 296 Mass. 437.
325 Mass. 759
Jackson v. Homer
Massachusetts Supreme Judicial Court
Decided January 10, 1950
Massachusetts Supreme Judicial Court · decided 1950-01-10
Cited by 3 later decisions — most recently May 1974
3 state decisions
Relies on Hannon v. Gorman
Good law ✅— No negative treatment on recordhow we know
Decided 1950-01-10
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