Abbott v. Noel

Mary A. Benson, late of Reading, died September 29, 1955. An instrument purporting to be her last will, dated January 1, 1955, was presented for probate by Albert B. Abbott, who was named therein as executor. Herbert T. Noel, who was the principal beneficiary under a purported will of an earlier date, contested the allowance of the later instrument, and, upon his motion, the judge of probate ordered jury issues to be framed on (1) the testamentary capacity of the decedent and (2) whether the execution of the alleged will was “procured to be made by the fraud or undue influence of Emma S.…