Sherman v. Sherman
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Middlesex allowing the will of George E. Sherman, late of Marlborough. The case was tried in April, 1906, before Knowlton, C. J.. upon the issue for the jury: “ Was the execution of said instrument (the will) by said George E. Sherman procured by the undue influence of Ellsworth P. Sherman?” Ellsworth P. Sherman was the son of the testator.
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Appeal from a decree of the Probate Court for the County of Middlesex allowing the will of George E. Sherman, late of Marlborough. The case was tried in April, 1906, before Knowlton, C. J.. upon the issue for the jury: “ Was the execution of said instrument (the will) by said George E. Sherman procured by the undue influence of Ellsworth P. Sherman?” Ellsworth P. Sherman was the son of the testator. He was called by the appellants and examined at length in regard to his relations with the testator. Thereafter, in the course of the cross-examination of this witness and after several objections…
1Opinion of the CourtRugg, J.
The only point raised by these exceptions is whether the question to the witness Sherman was competent. This inquiry called for information, which would directly aid the jury in finding the truth as to the issue submitted to them. It had no tendency to elicit an answer, which would invade the province or usurp the functions of the jury. It required a statement of fact and not a conclusion as to the matters in dispute. The jury were required to determine whether the execution of the will was “ procured by the undue influence ” of the witness. These words in their ordinary significance import…
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