Allen v. Guarente

This is an appeal from an order of the Probate Court framing three issues for trial by jury concerning (1) the due execution of the alleged will of Mary R. Allen, (2) her soundness of mind, and (3) the fraud or undue influence of the proponent in procuring its execution. The petitioner for the proof of the alleged will is the second husband of the decedent.

The general principles of law and practice which ought to govern the Probate Court in deciding under G. L. c. 215, § 16, whether to frame issues for trial by jury in a petition for the proof of a will have been declared, discussed and…