Cummins v. McCawley

This is an appeal from an order of the Probate Court denying a motion to frame issues of fact for trial by jury. While the motion as filed sought for issues upon three questions, it was waived except as to that relating to “fraud or undue influence.” G. L. c. 215, § 16.

The governing principles and true practice relating to such motions have been stated very recently. Fuller v. Sylvia, 240 Mass. 49. It must appear that there is a “veritable controversy,” and facts must be presented “on which to found a reasonable hope for a result favorable” to the moving party. Unless such a condition…