Smith v. Brewster

This is an appeal from the denial of a motion by the contestant and appellant to frame issues for trial by jury, whether the testator was of sound mind when he made his will, and whether he executed the instrument with the understanding and purpose that it should be his last will and testament, and whether the will was procured to be made by the fraud or undue influence of Blanche Bennett, Daniel Moore, Josephine Newton, or either of them.

We assume on the record, notwithstanding the agreement of counsel to the contrary, filed after the death of the judge of probate, that the “ statement of…