Cushman v. Nichols

*981The motion for summary judgment was denied (without opinion) by the probate judge, and the objector makes some contention that that decision is inconsistent with the same judge’s denial (also without opinion) of the objector’s motion to frame issues. But, first, the summary judgment procedure is not available in will contests like the present,3 so the judge’s negative decision may have gone on that technical ground. Second, the denial of a motion for summary judgment does not mean that the prevailing party on that motion has a robust chance of final success in the action; it means merely that…