Norcross v. Mahan

This is an appeal by the proponent of a will from a decree of a probate court disallowing it. We have before us a finding of material facts and a report of all the evidence. Upon oral evidence the judge found that the decedent signed the instrument, but that one of the supposed attesting witnesses, who signed a few days after the decedent and the others, did not sign in the presence of the testator. Mendell v. Dunbar, 169 Mass. 74. He found, also, that the proponent had failed “to show that the instrument was the voluntary testamentary act of” the decedent. Fleming v. Morrison, 187 Mass. 120.

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