Fay v. Vanderford
Massachusetts Supreme Judicial Court
Appeal, by Alice M. Fay, from a decree of the Probate Court that the omission of her father, Frederick C. Vanderford, to provide for her in his will was intentional, and was not occasioned by accident or mistake. At the trial in this court, before Holmes, J., upon the issue framed and submitted to a jury, whether such omission to provide for the appellant was intentional or whether it was occasioned by accident or mistake, the jury answered that it was not intentional.
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Appeal, by Alice M. Fay, from a decree of the Probate Court that the omission of her father, Frederick C. Vanderford, to provide for her in his will was intentional, and was not occasioned by accident or mistake. At the trial in this court, before Holmes, J., upon the issue framed and submitted to a jury, whether such omission to provide for the appellant was intentional or whether it was occasioned by accident or mistake, the jury answered that it was not intentional. Thereupon the respondent moved that this finding of the jury be set aside, and the issue be discharged. The judge allowed the…
1Opinion of the CourtAllen, J.
The presiding justice framed an issue for the jury, and after trial and verdict he set the verdict aside and discharged the issue. There was a memorandum stating the reason, but the petitioner, having appealed from the order discharging the issue, objects that the memorandum is no part of the record, and ought not to be considered. We therefore lay that aside. The petitioner certainly was not entitled to a trial by jury as a matter of right. The exercise of discretion in discharging the issue, or in refusing on application seasonably made to frame an issue, is reviewable by the full court.…
2Cases cited2 opinions
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
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3Cited by8 opinions
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Doherty v. O'CallaghanMassachusetts Supreme Judicial Court · 1892
- Fuller v. ChapinMassachusetts Supreme Judicial Court · 1895
- Allen v. GuarenteMassachusetts Supreme Judicial Court · 1925
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