Gallagher v. Cullinan

This is an appeal from an order denying a motion to frame issues for trial by jury concerning the execution of a will. The motion was heard on oral statements of evidence anticipated to be available presented by the attorneys for the parties. Statements in opposition to the motion as well as in its support are to be considered. Terry v. King, 286 Mass. 598. The question is whether on these statements there appears to be a real issue of fact to be tried, supported by evidence of a substantial nature. Fuller v. Sylvia, 240 Mass. 49, 53. The decision of the probate judge adverse to the motion is…