Doherty v. O'Callaghan

This is an appeal from a decree of a justice of this court, affirming a decred of the judge of probate for the county of Suffolk, admitting to' probate the will of one Patrick Grealy. The reasons of appeal filed in the Probate Court were, that, at the time of the execution of the instrument offered for probate, the said Grealy did not know the contents thereof; that he was then not of sound and disposing mind and memory; and that the instrument was procured by fraud and undue influence of two persons named.

1. Before the case was heard, the appellants moved that issues be framed for a jury,…