Plakas v. Plakas

This is an appeal from an order of a Probate Court judge denying the motion of the contestant of a will to frame jury issues (G. L. c. 215, § 16). We affirm the order, as we agree with the judge’s conclusion that none of the issues set forth in the contestant’s motion satisfied the criteria required in Boston Safe Deposit & Trust Co. v. Blaisdell, 333 Mass. 51, 56 (1955), and cases cited therein. There is here no “genuine and doubtful question of fact . . . and evidence of such substantial nature as to afford reasonable expectation of a result favorable to the moving party.” Id.

1. The…