Estate of Malvasi

This is an appeal from a judgment confirming the probate of a will upon a contest instituted after probate. The will was executed by the testator on March 20, 1925, and left all of his property to the proponent, Filomena Dona, a sister. The deceased was unmarried and left surviving as his heirs a brother, three sisters, and the daughter and sons of a deceased sister. A previous contest before probate, tried before the court without a jury, had been unsuccessful. The present contest was instituted by the appellant, John Spingola, a nephew, and involved the issues of due execution of the will, undue influence and unsoundness of mind.

On the trial the court granted a nonsuit as to all grounds of contest except that of unsoundness of mind, and upon this issue the verdict of the jury was against the contestant.

On this appeal there are several specifications of error which will be discussed in the order in which they are presented by appellant.

It is first urged that the evidence was insufficient to justify the finding by the jury that the deceased was of sound mind. A review of the transcript leads to the conclusion that there was abundant evidence of the soundness of mind of the…