Dwyer v. Ferren
| Decision Date | 18 March 1926 |
| Citation | 255 Mass. 261 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | WALTER J. DWYER v. PHILIP G. FERREN & others. |
March 12, 1926.
Present: RUGG, C.
J., BRALEY, CROSBY, PIERCE, & WAIT, JJ.
Probate Court, Jury issues.
Upon the record, a denial by a judge of probate of a motion, by one contesting the allowance of a will, for jury issues was held to show no error of law.
PETITION, filed in the Probate Court for the county of Suffolk on November 3, 1925, for the proof of the will of Thomas W. Kelley, late of Boston.
The respondents moved that issues be framed for trial by jury. The motions were heard by Dolan, J., upon oral statements by counsel of expected evidence, a stenographer having been appointed under G.L.c. 215, Section 18, to take the evidence. The motions were denied. The respondents appealed.
J.F. Meagher, for the respondents. J.H. Vahey, (P. Mansfield with him,) for the petitioner.
BY THE COURT. The statement of expected evidence, which need not be narrated, shows that there was no error of law by the Probate Court in denying motions to frame issues to be tried to a jury respecting the will offered for proof. Fuller v. Sylvia, 240 Mass. 49 . Clark v. McNeil, 246 Mass. 250. Old Colony Trust Co. v. Spaulding, 250 Mass. 400 . Order denying motions to frame jury issues affirmed.
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