In Re Dillard's Estate

I am unable to concur with my associates in the opinion in this cause.

The syllabus in this case announces a new and novel rule of law. This court and other courts have many times held that the judgment of the district court based on the evidence in a will contest will not be reversed unless it is clearly against the weight of the evidence, or, as sometimes stated, against the clear weight of the evidence. In my investigation I have found no other case wherein it was announced that in a will contest the judgment of the Supreme Court would be affected in anywise by the judg ment of the county…