Miles v. Caples

I am unable to agree with the majority that the “judge was not warranted in finding undue influence.” “As is often the fact in cases of this kind there was no direct evidence of undue influence, but its nature is such that it ‘may be exercised in indirect and underhanded ways difficult to be come at, *116and to be judged of only by their results.’ Hoffman v. Hoffman, 192 Mass. 416, 419.” Eddy v. Eddy, 281 Mass. 156, 158. The question here to be decided is whether the finding of undue influence made by the probate judge was justified by the evidence of the attendant circumstances. See Raposa v.…