Sheppard v. Olney

This is an appeal from an order denying a motion to frame issues for trial by jury touching the execution of a will. The motion was heard upon oral statements of expected evidence presented by the proponent and the contestant, and no witnesses testified. Thus it appeared that two attending physicians would testify that at the,time of the execution of the alleged will the deceased was a woman between eighty-six and eighty-seven years of *426age, in a debilitated nervous and physical condition, and had been confined to her bed by exhaustion and congestion of the lungs; that she was suffering from a…