Boston Safe Deposit & Trust Co. v. Kingsbury

This is an appeal from an order by a probate judge denying a motion to frame an issue as to the testamentary capacity of Frank Kingsbury Priest. The instrument offered for probate was executed April 13, 1923, when the deceased was sixty-three years of age; he died six years thereafter. When the will was executed he had an estate amounting to about $100,000. By the terms of the instrument he gave money legacies amounting to $24,000 to some of his cousins and to a friend, he disposed of certain other personal property, and the residue of his estate was ' placed in trust, the income to be paid…