Mitchell v. McLaughlin

This is an appeal from a decree, entered in the Probate Court, denying a motion that issues be framed for jury trial in the matter of the petition for probate of an instrument purporting to be the last will of Hannah A. Boyle, late of Brookline, deceased.

The issues sought to be framed were, (1) whether the instrument was executed according to law, (2) whether the deceased was of sound mind at the time of its execution, (3) whether its execution was procured by the undue influence of Katherine E. McLaughlin and Christopher C. Mitchell “or any of them,” and (4) whether the deceased executed the…