Mottau v. Mottau
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the county of Plymouth on September 9, 1921, for the proof of the will of Edward Mottau, late of Brockton, and of a codicil thereto.
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Petition, filed in the Probate Court for the county of Plymouth on September 9, 1921, for the proof of the will of Edward Mottau, late of Brockton, and of a codicil thereto. In the Probate Court a single issue was framed and was referred to the Superior Court for trial by jury, as follows: “Were the instruments propounded for probate as the last will and codicil of said Edward Mottau procured to be made by the fraud or undue influence of Edythe Josephine Harrington exercised upon the said Edward Mottau?” The issue was tried in the Superior Court before Bishop, J. The contestants excepted to a…
1Opinion of the CourtRugg, C.J.
The Probate Court on a petition for the allowance of a will and codicil framed for trial by jury in the Superior Court the issue whether the instruments were procured -to be made by the fraud or undue influence of a person named. The single question presented is whether under such circumstances the petitioners or the contestants had the right to open and to close before the jury.
It has been the unbroken practice in will cases, so far as disclosed in the reported decisions, for the proponent of the will to open and close. Phelps v. Hartwell, 1 Mass. 70. Blaney v. Sargeant, 1 Mass. 335. Bigelow…
2Cases cited4 opinions
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Blaney v. SargeantMassachusetts Supreme Judicial Court · 1805
- Phelps v. HartwellMassachusetts Supreme Judicial Court · 1804