Dayton v. Glidden

This is an appeal from a decree, entered in the Probate Court, denying a motion that issues be framed for jury trial in the matter of the petition for probate of an instrument purporting to be the last will of Herbert W. Dayton, late of Lynn, deceased. The motion embraced the issues of due execution, soundness of mind, and whether the instrument was procured to be executed by the fraud or undue influence of Lucy E. Dayton “her agents or attorneys or any of them, exercised upon the said Herbert W. Dayton.” The motion was heard by the judge upon statements of expected proof by counsel for the…