McMann v. Murphy

This is an appeal from a decree of the Probate Court allowing a motion to frame issues for a trial by jury in a contested will case. The issues were the soundness of mind of the testatrix and the fraud and undue influence of Margaret K. McMann. The motion was allowed upon an offer of proof by the contestants.

The principles which should govern the Probate Court in deciding a motion for a jury trial in a contested will case were stated in Fuller v. Sylvia, 240 Mass. 49. It is to be presumed that the judge, in deciding as he did, was governed by these principles. Clark v. McNeil, 246 Mass. 250,…