McCoy v. Jordan
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Suffolk allowing the will of William H. S. Jordan. The case was sent to the Superior Court for trial of the following issues: “1. Was the instrument offered for probate by the said executors, dated April 11, 1895, duly executed as and for the will of the said W. H. S. Jordan? 2. Was the said W. H. S. Jordan of sound and disposing mind and memory at the time of the execution of said instrument? 3. Was .the said…
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Appeal from a decree of the Probate Court for the County of Suffolk allowing the will of William H. S. Jordan. The case was sent to the Superior Court for trial of the following issues: “1. Was the instrument offered for probate by the said executors, dated April 11, 1895, duly executed as and for the will of the said W. H. S. Jordan? 2. Was the said W. H. S. Jordan of sound and disposing mind and memory at the time of the execution of said instrument? 3. Was .the said instrument purporting to be the last will and testament of the said W. H. S. Jordan procured by the fraud or undue influence…
1Opinion of the Court
IíírowLTON, C. J.
The first question to be considered upon these bills of exceptions is whether there was error of law in the admission or exclusion of evidence.
At the time of his death in September, 1898, the testator was about eighty-four years of age. The will in question vras executed in April, 1895. It was contended by the appellant that he was not then of sound mind, but was afflicted with senile dementia, a progressive disease, which continued to the time of his death. Without objection by either party, the court fixed January 1, 1897, as the time up to which witnesses might testify of…
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3Cited by25 opinions
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