Genovese v. Genovese

This is an appeal from a decree allowing the will of Charles Genovese, late of Pittsfield. The petitioner, named as executrix, is his second wife. The appellants are children by his late first wife who contested the will and joined in a motion for jury issues. After an issue of soundness of mind was framed for trial in the Superior Court, the verdict decided that issue in the affirmative.

Thereafter the matter of the allowance of the will was heard in the Probate Court. Counsel then stipulated that “the issue of undue influence is not to be tried, the only issue being proper execution of said…