Fulton v. Umbehend
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court for the County of Middlesex allowing the will of John A. Fulton. On appeal to this court, issues were sent to be tried in the Superior Court. The issues came on to be tried before Hardy, J., who submitted the case to the jury upon the issue of soundness of mind alone, verdicts in favor of the executrix being directed by agreement upon the other issues.
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Appeal from a decree of the Probate Court for the County of Middlesex allowing the will of John A. Fulton. On appeal to this court, issues were sent to be tried in the Superior Court. The issues came on to be tried before Hardy, J., who submitted the case to the jury upon the issue of soundness of mind alone, verdicts in favor of the executrix being directed by agreement upon the other issues. In his charge to the jury the judge gave the following instruction in regard to the burden of proof: “ How, in dealing with this, you have had explained to you in other cases what is the burden of proof…
1Opinion of the CourtHammond, J.
The only issue submitted to the jury was whether at the time of the execution of the will the testator was of sound and disposing mind and memory. The bill of exceptions as amended shows that the presiding judge in his charge fully and clearly instructed the jury that the burden of proof was upon the petitioner to show by a fair preponderance of the evidence that the testator was of sound mind and capable of making the'will.
The appellant objects to certain sentences in a subsequent portion of the charge, as being contrary to the prior instruction as to the burden of proof and therefore…
2Cited by5 opinions
- Taylor v. CreeleyMassachusetts Supreme Judicial Court · 1926
- Clifford v. TaylorMassachusetts Supreme Judicial Court · 1910
- Brackett v. FullerMassachusetts Supreme Judicial Court · 1932
- In re the Estate of LopezHawaii Supreme Court · 1919
- Krasner v. BerkMassachusetts District Court, Appellate Division · 1973