O'Brien v. Collins

Joseph H. Collins, late of Boston, died February 8, 1943. An instrument purporting to be bis last will, dated August 2, 1940, was presented for probate by the person named therein as executor. James F. Collins, a brother of the decedent, one of his next of kin, contested the allow*430anee of the alleged will, and, upon his motion, the judge of probate ordered trial by jury upon the issue of the testamentary capacity of the decedent and the issue whether the execution of the alleged will was “procured to be made by the fraud or undue influence of Nellie H. Daniels, Joseph Shields, Annie E.…