LeBlanc v. Coombes

This is an appeal from an order of the Probate Court denying a motion to frame issues for trial by jury as to the lawful execution of the will of one Catherine M. Carruthers, late of Everett, and the procurement of such execution by the undue influence of Agnes R. LeBlanc.

1 he case was heard in the Probate Court on statements of expected evidence by counsel for the contestants and for the proponent. Smith v. Patterson, 286 Mass. 356, 358. Issues for trial by jury are not to be framed unless from statements of counsel or otherwise it appears that there is “a genuine question of fact supported…