Seiferth v. Hay

This is an appeal from a denial by the Probate Court of a motion to frame jury issues on a petition for the allowance of a will. In addition to oral statements made to the judge written offers of proof were presented. The judge made a report of material facts. He found "that there was no genuine or doubtful question of fact” affording a “reasonable hope” for a result favorable to the contestants. “The principles of law applicable to the subject of jury issues are so familiar that they need not be set forth at length. Briefly stated, there must be a genuine and doubtful *769question of fact…