Stapleton v. Marich

Massachusetts Supreme Judicial Court

Stapleton v. Marich

333 Mass. 772

CourtMassachusetts Supreme Judicial Court

DecidedMarch 5, 1956

StatusPublished

This text of 333 Mass. 772 (Stapleton v. Marich) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stapleton v. Marich, 333 Mass. 772 (Mass. 1956).

Pincite

Opinion

Order denying jury issues affirmed. This is an appeal from an order of the Probate Court in the matter of the alleged will of John J. Morse, late of Boston, denying a motion by the contestants for the framing of issues for trial by a jury. The only issue now pressed is that of undue influence. Upon consideration of the statements of expected evidence and recognizing the element of discretion vested in the probate judge, we are of opinion that there was no error in the denial of this motion. See Hannon v. Gorman, 296 Mass. 437.

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Order denying jury issues affirmed. This is an appeal from an order of the Probate Court in the matter of the alleged will of John J. Morse, late of Boston, denying a motion by the contestants for the framing of issues for trial by a jury. The only issue now pressed is that of undue influence. Upon consideration of the statements of expected evidence and recognizing the element of discretion vested in the probate judge, we are of opinion that there was no error in the denial of this motion. See Hannon v. Gorman, 296 Mass. 437.

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Bluebook (online)

333 Mass. 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stapleton-v-marich-mass-1956.

Opinion

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