Thomson v. Carruth

These are four appeals taken by different next of kin from a decree of the Probate Court admitting to probate the will of Charles Herbert Pratt.

Two issues were framed by a single justice of this court* to be tried by a jury. These issues were: “First. Was the alleged will now offered for probate executed according to law?” “Second. Was the said Charles H. Pratt of sound and disposing mind and memory at the time of the execution of the said alleged will? ”

When these two issues came on for trial, “the appellants agreed that the court might withdraw from the jury the second issue above noted,…