Baker v. Owens

This is an appeal from the denial of a motion to frame issues for trial by jury upon a petition for *319the allowance of an instrument purporting to be the last will of Mary A. Hutchinson, hereafter called the deceased. The only question argued is whether there was error in the refusal to frame the issue whether the execution of the alleged will was procured to be made in whole or in part by the fraud or undue influence of William R. Baker and Gerald K. Richardson, or either of them. Both are named as executors and are the proponents.

The case was heard upon statements by counsel for the…