(Download) "Sheppard v. Olney" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Sheppard v. Olney
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 29, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
RUGG, C. J. This is an appeal from an order denying a motion to frame issues for trial by jury touching the execution of a will. The motion was heard upon oral statements of expected evidence presented by the proponent and the contestant, and no witnesses testified. Thus it appeared that two attending physicians would testify that at the time of the execution of the alleged will the deceased was a woman between eighty-six and eighty-seven years of age, in a debilitated nervous and physical condition, and had been confined to her bed by exhaustion and congestion of the lungs; that she was suffering from a marked degree of arteriosclerosis including a hardening of the arteries of the brain, and had been for several years previous to the making of the alleged will afflicted with a form of senile dementia and increasing mental deterioration. Their testimony save as to matters of opinion would be supported by that of a nurse and others. Numerous definite facts were specified, the natural effect of which, if believed, would indicate want of testamentary capacity. It is not necessary to narrate these in detail. They tend to show lack of comprehension of her correct relations to living kindred and friends and perhaps also of her property. The deceased had also been for many years under conservatorship. There is nothing in the record indicating that the proponent contended that the attending physicians and others would not testify in substantial accordance with the statements made of expected proof.