¶1Order denying jury issues affirmed. The expected testimony of psychiatrists who had not seen the decedent was at best subject to the infirmity of being based on only a portion of the evidence. Boston Safe Deposit & Trust Co. v. Blaisdell, 333 Mass. 51, 57. The judge could rightly conclude that the proposed testimony for the contestants, including that of actions tending to show weakening of body and mind, was of substantially *784less weight than the statements of expected testimony of attending physicians and the decedent’s attorneys which would support a finding of testamentary capacity at the times when the will and two codicils were executed. See O’Brien v. Collins, 315 Mass. 429, 436. We discern no error in the application of the well known principles. See Clark v. McNeil, 246 Mass. 250, 254-255; Taylor v. Callahan, 265 Mass. 582.
340 Mass. 783
Nichols v. Sullivan
Massachusetts Supreme Judicial Court
Decided December 31, 1959
Massachusetts Supreme Judicial Court · decided 1959-12-31
Relies on Clark v. McNeil · O'Brien v. Collins · Taylor v. Callahan
Good law ✅— No negative treatment on recordhow we know
Decided 1959-12-31
How this case has been cited
Cited by 8 later decisions — most recently February 2013
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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