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Klein v. Lebin

Supreme Judicial Court of Massachusetts
Dec 3, 1965
212 N.E.2d 232 (Mass. 1965)

Opinion

December 3, 1965.

Israel Bernstein for the contestant.

Warren G. Miller for the proponents.


Decree 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.


Summaries of

Klein v. Lebin

Supreme Judicial Court of Massachusetts
Dec 3, 1965
212 N.E.2d 232 (Mass. 1965)
Case details for

Klein v. Lebin

Case Details

Full title:BETTY KLEIN another vs. SARAH LEBIN

Court:Supreme Judicial Court of Massachusetts

Date published: Dec 3, 1965

Citations

212 N.E.2d 232 (Mass. 1965)
349 Mass. 777