In re the Estate of Hoh

Hetherington, S.

When a party to litigation having the burden of proof, fails to convince two different juries that his contention is right, how many more opportunities must be given so to do? Must he go on in the hope that ultimately some jury will be found to agree with him, meantime impeding probate in disagreement after disagreement? Is the other party to be subjected repeatedly, perhaps interminably, to the expense and inconvenience of resisting the claim? Contestants at bar raised the issues of undue influence and fraud in connection with the making of decedent’s will. It was for them to…