Old Colony Trust Co. v. Whitney

Three cousins who are next of kin of Adeline Whitney of Boston, who died August 25, 1928, unmarried, leaving an estate of over $300,000, contest the probate of an instrument dated June 5,1923, and another dated August 9, 1927, purporting to be, respectively, her will and a codicil thereto. They made a motion in the Probate Court that six issues be framed for submission to a jury (1) as to the execution of the will, (2) as to the execution of the codicil, (3) as to her soundness of mind on June 5, 1923, (4) as to *521her soundness of mind on August 9, 1927, (5) as to the fraud or undue influence…