Burns v. Dunn

This is an appeal from an order of the Probate Court framing, with respect to an instrument dated August 18, 1958, offered as the will of one John R. Coughlin, jury issues related to due execution, testamentary capacity, and undue influence. Coughlin died August 21, 1958. The mo tian for jury issues was heard upon the statements of counsel. See Spilios v. Bouras. 337 Mass. 176, 177, and cases cited.

Coughlin was seventy years old at his death and had never married. He was a man of character and strong mind, deeply religious, and possessed of business ability.

The beneficiaries named in his will…