In Re the Estate of Shaughnessy

This case was certified to us by the Court of Appeals on the following issues:

1. Whether an unsigned copy of a lost will may be admitted to probate based upon the testimony, as to the contents and execution of the alleged lost will, of the attorney who drafted the will and is also the executor and a beneficiary under it.

2. Whether a jury trial is available in a will contest.

We answer no to both questions.

Frank Shaughnessy died October 26, 1979, at the age of 89 years, survived by five brothers and sisters. The subject of the instant action is an alleged will of his, purportedly executed on…