In Re Will of Shute

Propounder assigned as error the following portion of the judge’s charge to jury:

“Now, members of the jury, the Court instructs you that if the propounders have satisfied you by the greater weight of the evidence, the burden being upon the propounders to so satisfy you that at the time the paper writings were torn there at the hospital, in the presence of Rowena M. Shute and Mr. Day, that she didn’t have sufficient mental capacity to revoke her will, that is that she didn’t possess mind sufficient to understand without prompting what she was engaged in, and the kind and extent of her…