Sullivan v. Sullivan

This is a will contest tried before a jury upon issues framed in the Probate Court. The proponent of the alleged will of Daniel P. O’Sullivan is Cornelius R. Sullivan, and the contestants are children and heirs at law of the alleged testator. The judge submitted only one issue to the jury, namely, “Was Daniel P. O’Sullivan at the time of the execution of said alleged will of sound mind?” The jury answered, “Yes.” The case comes here upon an exception of the contestants to that part of the charge to the jury in which the judge said, “Now, in this case the burden of proof that he was of unsound…