In Re Will of Bergeron

The issues submitted to the jury and their answers thereto were as follows:

"1. Was the deceased, McD. Bergeron, of sound and disposing mind and memory at the time of the execution of the paper-writing offered for probate? Answer: Yes.

2. Was the paper-writing offered for probate procured to be executed by undue influence, as alleged? Answer: Yes.

3. Is the paper-writing offered for probate and every part thereof, the last will and testament of the said deceased? Answer (by consent): Yes."

Upon the coming in of the verdict, the second issue appearing in the record was set aside by the judge as a…