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WALTER J. DWYER vs. PHILIP G. FERREN others.

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.

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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DWYER v. FERREN
(Mar 18, 1926)