Estate of Boston

Appellant contends that the trial court’s findings of fact are not warranted by the recitals in the court’s opinion and are not supported by the preponderance of the evidence. In his decision the trial court, in making observations as to the mental condition of the eighty-four-year-.old testator, did say among other things, “That is his mental faculties were not 'unimpaired.” But the judge also said, “There is no clear arid convincing proof that he did not have sufficient active memory to comprehend the changes and alterations and to understand their scope and bearing.” It appears that the…