¶1Decree denying jury issue affirmed. This is an appeal from a decree of the Probate Court denying the framing of a jury issue in the matter of the alleged will of the late Morris Lebin. The only issue sought to be framed was the “fraud or undue influence” of Betty Klein, Mary Yanofsky and Tillie Becker. Having examined the expected evidence and giving due weight to the decision of the probate judge, we are of opinion that there was no error in the refusal to frame the requested issue. The governing principles have often been stated. See Spilios v. Bouras, 337 Mass. 176, 177, and cases cited.
349 Mass. 777
Klein v. Lebin
Massachusetts Supreme Judicial Court
Decided December 3, 1965
Massachusetts Supreme Judicial Court · decided 1965-12-03
Relies on Spilios v. Bouras
Good law ✅— No negative treatment on recordhow we know
Decided 1965-12-03
How this case has been cited
Cited by 37 later decisions — most recently July 2000 · most notably In the Matter of Paul Pappas (1971), Quinn v. Walsh (2000)
1 district · 36 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.
View the full empirical analysis of this case →