McIntosh v. McIntosh

This is an appeal from an order denying a motion to frame issues to be tried to a jury upon a petition for the allowance of an instrument purporting to be a last will. The only point argued is that as matter of law the issue, whether the deceased was of sound mind at the time of the execution of the alleged will, ought to have been granted.

The case was heard upon statements made by counsel for the contestants and for the proponents respectively as to the nature of the evidence each expected to be able to present and upon the oral testimony of the attorney who drafted the alleged will and was…