First National Bank v. Francis

This is an appeal from an order denying a motion for the framing of issues to be tried to a jury upon a petition for the allowance of an instrument as the will of a deceased person. The proposed issues now argued are whether the decedent was of sound mind at the time the proffered instrument was signed and was unduly influenced by named individuals in executing the instrument.

The controlling principles of law are settled. They need not be restated. Fuller v. Sylvia, 240 Mass. 49. Cook v. Mosher, 243 Mass. 149. Clark v. McNeil, 246 Mass. 250. *50Daly v. Hussey, 275 Mass. 28. Cranston v. Hallock,…