Ware v. Morton

This is an appeal by contestants of an instrument presented for probate as the last will of Margaret Bradford Morton, from the denial of their motion to frame issues for trial by jury as to soundness of mind and as to *109undue influence exercised by Edith Stobo Cave and Julia Jacobs FitzGerald. The decedent died February 8, 1933, at a hotel in Boston, at the age of seventy-nine, leaving neither husband nor children. The contestants, with the exception of one first cousin once removed living in Plymouth, are the descendants of Howard Morton, a first cousin, who moved to Kansas in 1866, but whose…