Spilios v. Bouras

This is an appeal from an order of the Probate Court for Middlesex County denying a motion to frame jury issues with respect to certain instruments offered for probate as the will and codicil of Athans E. Spilios, late of Belmont. The motion was directed to due execution, testamentary capacity and undue influence. The motion was heard upon the statements of counsel and we have everything before us that the judge of probate had. It is our duty to examine these statements and to decide for ourselves whether a genuine question of fact is presented, based upon evidence of a substantial nature…