Tarr v. Vivian

This is an appeal from a decree of a probate court denying a motion to frame issues for trial by jury touching the allowance of an instrument purporting to be the last will of one John Tucker. Three issues were included in the motion, but one has been waived.

The record fails to disclose any substantial ground for reversing the denial of the issue as to unsoundness of mind. The statement of expected proof on this point was that the mother and a sister of the deceased each had been an inmate of an insane hospital, that a brother had committed suicide, that the decedent was careless of his…