Mirick v. Phelps

M. Edna Cummings, late of Worcester, died August 2, 1935, leaving as her next of kin two nephews —■ Harry G. Phelps and Robert E. Phelps — and a niece — Mabel A. Barrett. An instrument dated December 21, 1934, purporting to be her last will, was presented for probate. Its allowance was contested by the next of kin who moved that the probate judge frame issues for trial by jury. The motion was heard on statements by counsel of expected *251evidence. A decree was entered ordering trial by jury of the following issue: “Was the instrument propounded for probate as the last will of said M. Edna…