Connolly v. Phipps

This is an appeal from an order of a judge of probate denying a motion to frame issues for a trial by jury respecting the will of Charles Fein. The only issues requested were whether the document offered for probate as his will was “executed according to law” and whether it was “the actual will” of Charles Fein. The contention of the contestants is that Fein did not sign the instrument in question. ■ The motion was heard on oral statements of expected proof made by counsel for the proponent of the instrument and by counsel for the contestants, and on testimony of three persons who signed it…