Hall Will

Dissenting Opinion by

Mr. Justice Benjamin R. Jones :

I dissent from the action of a majority of this Court in reversing the decree of the chancellor in the court below and awarding an issue d.v.n. on the question of testamentary capacity. In my opinion, the majority of this Court in reaching this result ignore precedents long recognized in this area of the law, substitute their findings of facts for the findings of the chancellor who had the opportunity of hearing and observing the witnesses and introduce a novel theory as to the burden of proof as to testamentary capacity in will contests.

The…