Nunn v. Ehlert

This appeal from a decree of the Probate Court comes before us upon a report by a single justice of this court* which sets forth all the evidence introduced before him. The single justice found that the testimony of each subscribing witness was “entirely credible and not open to doubt,” and made a finding that the instrument was properly executed and that it ought to be admitted to probate as the will of Thomas Nunn. By the terms of the report, if the finding was wrong the decree of the Probate Court (disallowing the will) is to be affirmed. But, if the finding is sustained, that decree is to…