Rowe v. Collamore

This is an appeal from a decree of the Probate Court allowing the will of Ellen V. Pierce. Issues were framed in this court and ordered tried by a jury at the bar of the Superior Court. The order of the single justice framed the first issue in *18the usual form as to procurement of the execution of the will “by the undue influence of Henry S. Rowe or Lizzie N. Rowe, or either of them.” The order then proceeded in these words: “It is further ordered that if at the trial of the above issue evidence is introduced by the appellants which entitles them to go to the jury on the following issue,to wit:…