Borchers v. Taylor

The defendants contend that if the evidence which went in subject to exception is to be considered in the interpretation of Enoch Taylor’s will, we are bound by the first of the alternative findings of the trial court set forth above. The argument is that “the findings of fact being based upon evidence which would at least warrant these findings, are not susceptible of review by the Supreme Court.” The only authority cited in support of this position is Heywood v. Stiles, 124 Mass. 275, and the argument indicates a misconception of the character of the question before us. While it has…