Finding that there is no right to jury trial in a will contest where no material facts in dispute
Id. at 351. See also Markus v. Gross, 296 N.E.2d 505 (Mass.App. 1973) (a showing of the opportunity for undue influence without further evidence "is not enough to warrant the framing of a jury issue on that question."); Love v. Love, 370 N.E.2d 445 (Mass.App. 1977). The requirement of some evidentiary showing of a factual dispute is likewise reasonable in implementing our probate appeal statute.
