Sylvain v. Henderson

Appeal under RSA 567:1 (1974) by Charles H. Sylvain from the allowance of the will of his father, Eudore J. Sylvain, late of Rochester. The appeal was denied on March 24, 1973, after hearing before Morris, J. The plaintiff claims that the testator was of unsound mind and was subject to undue influence, and he also excepted to certain rulings of the court, as will hereinafter appear. Reserved and transferred by Morris, J.

The first question which we consider is whether the court erred in denying the plaintiff’s motion to be “heard before a jury”. RSA 567:11 (1974). We hold the court’s denial…