Lombardi v. Tranchina

After the will had been admitted to probate a contest of the will subsequent to probate, containing five counts, was filed by testatrix’ two sons. The court, sitting without a jury, found against contestants on all counts and entered judgment refusing to revoke probate of the will. Contestants appeal only on one count—the issue of undue influence. The will contest was tried with another action brought by the sons against the three daughters to set aside certain deeds. Although not consolidated, it was stipulated that the court might consider on the contest any or all evidence in the civil…