Whitcomb v. Whitcomb
Massachusetts Supreme Judicial Court
Appeal, filed in the Supreme Judicial Court on May 5,1908, from a decree of the Probate Court for the county of Middlesex allowing the will and codicil of Irvine A. Whitcomb, late of Somerville. The case was tried before Loring, J. Four issues were framed to be submitted to the jury. The first and third issues related to the soundness of mind of the testator at the times of the execution of the will and the codicil.
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Appeal, filed in the Supreme Judicial Court on May 5,1908, from a decree of the Probate Court for the county of Middlesex allowing the will and codicil of Irvine A. Whitcomb, late of Somerville. The case was tried before Loring, J. Four issues were framed to be submitted to the jury. The first and third issues related to the soundness of mind of the testator at the times of the execution of the will and the codicil. The second issue was as follows: “ Was the execution of said instrument [the will] procured through the fraud or undue influence of Emma F. Whitcomb?” The fourth issue was as…
1Opinion of the CourtSheldon, J.
There is no doubt that undue influence may be exerted upon a testator either by fraudulent means or devices or by physical or moral coercion practised upon him without any actual deception. Wingrove v. Wingrove, 11 P. D. 81. Davis v. Calvert, 5 Gill & J. 269. Stewart v. Elliott, 2 Mackey, 307.
But even if we should say that for this reason the charge of the justice went too far as an abstract proposition, we could not sustain these exceptions. The bill of exceptions merely states as to this question that at the trial “ there was evidence tending to show that the execution of the will was…
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