Duchesneau v. Jaskoviak

The petitioner appeals from a decree entered in the Probate Court dismissing her petition to revoke the allowance of a will. The sole ground upon which she bases her petition was the existence of a subsequently discovered will. The issues raised by this appeal concern the testamentary intent of the testator, his testamentary capacity to execute the subsequent instrument, and the judge’s rulings as to the admission of certain evidence. A transcript of the evidence is before us.

The testator, Leonard Edwards, was unmarried and had lived on a farm in Southbridge for thirty years with one Jessica…