Wilbar v. Diamond

This is an appeal from an order of the Probate Court denying a motion of the contestant to frame issues for a jury trial on a petition for the allowance of the will of Nellie E. McCloskey. The issues which the contestant and appellant moved to have framed are (1) Was the instrument offered as the will of the testatrix duly executed? (2) Was the testatrix of sound and disposing mind and memory at the time of the execution of said will? and (3) Was the execution of said will procured through the fraud or undue influence of Susie L. Megley and Lillian Grady, or either of them? No evidence was…