¶1Order denying jury issues affirmed. This is an appeal from an order denying a motion by contestants of the will of Dolores Mendez Francis, late of New Bedford, for the trial by jury of the issues whether (1) the will was legally executed, (2) the testatrix was of sound mind, and (3) the instrument was procured by the fraud and undue influence of the proponent, Anna K. Foye. Statements by counsel of expected evidence fail to show adequate ground for a reasonable expectation of a result favorable to the contestants. Spilios v. Bouras, 337 Mass. 176, 177, and cases cited. There was no evidence of improper execution and no medical evidence of unsound mind. While the proponent was made residuary legatee, it was as trustee for her daughter and the claim of undue influence was based on mere suspicion, surmise and conjecture. Neill v. Brackett, 234 Mass. 367, 370. Cummins v. McCawley, 241 Mass. 427, 430. Johnson v. Loring, 267 Mass. 310, 312. O’Brien v. Collins, 315 Mass. 429, 439-440.
340 Mass. 787
Foye v. King
Massachusetts Supreme Judicial Court
Decided April 4, 1960
Massachusetts Supreme Judicial Court · decided 1960-04-04
Relies on Neill v. Brackett · O'Brien v. Collins · Johnson v. Loring
Good law ✅— No negative treatment on recordhow we know
Decided 1960-04-04
How this case has been cited
Cited by 5 later decisions — most recently March 1983
5 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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