Cox v. Wall

The petitioners appeal from a decree of the Probate Court disallowing an instrument offered for probate as the will of Marion F. Orne, late of Somerville. The case was fully heard on the facts by the judge of probate without having been submitted to a jury. The judge upon request made a detailed report of material facts. He concluded that the instrument offered by the petitioners was procured by the exercise of undue influence by them over the deceased and that the deceased lacked testamentary capacity at the time the will was executed. The evidence is reported. With the exception of the…