In re the Last Will & Testament of Hoffman

Fowler, S.

The contestants of the probate deny that the paper offered was subscribed by the testator. In other words, they assert that the subscription is not genuine. But the attesting witnesses are very positive, and I can detect no motive on their part to fabricate evidence. It is attempted to im*290peach one of the attesting witnesses by declarations contrary to his certificate of attestation and his sworn testimony. Such admissions are not strong evidence to countervail a certificate-of attestation or sworn testimony, and, when such admissions are testified to only by a contestant, they are…