Claffey v. Fenelon
Massachusetts Supreme Judicial Court
1Opinion of the CourtRugg, C.J.
This case was tried to a jury in the Superior Court on the issue, “Was Patrick C. Fenelon of sound mind at the time of the execution of the instrument which is propounded as bis last will? ” This is the issue as answered by the jury and as framed by the Probate Court. A slightly different and less accurate issue recited in the opening paragraph of the bill of exceptions is controlled by other parts of the record. This issue was correct in form and in substance. It was in accordance with long established practice in the courts as declared in Fuller v. Sylvia, 240 Mass. 49, 54, where the…
2Cases cited35 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Fuller v. SylviaMassachusetts Supreme Judicial Court · 1921
- McDonough v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1917
- Ayers v. RatsheskyMassachusetts Supreme Judicial Court · 1913
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3Cited by29 opinions
- Archibald Lyles v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1935
- Thomes v. Meyer Store Inc.Massachusetts Supreme Judicial Court · 1929
- Commonwealth v. CervenyMassachusetts Supreme Judicial Court · 1977
- Bruns v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1940
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