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Jackson another v. Homer

Supreme Judicial Court of Massachusetts
Jan 10, 1950
89 N.E.2d 757 (Mass. 1950)

Opinion

January 10, 1950.

C.C. Cabot, ( R.D. Price with him,) for the contestants.

T. Chase, for Jackson individually.

S. MacMillan, ( P.J. Woodward with him,) for the petitioners.


Order 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.


Summaries of

Jackson another v. Homer

Supreme Judicial Court of Massachusetts
Jan 10, 1950
89 N.E.2d 757 (Mass. 1950)
Case details for

Jackson another v. Homer

Case Details

Full title:MALCOLM N. JACKSON another vs. THOMAS J. HOMER others

Court:Supreme Judicial Court of Massachusetts

Date published: Jan 10, 1950

Citations

89 N.E.2d 757 (Mass. 1950)
325 Mass. 759