In re the Estate of Halbert

Wingate, S.

Whereas this court has on some past occasions felt no little impatience with determinations limiting the scope of judicial notice to a point which would fossilize the judiciary into a group of singularly unintelligent morons, it is presently unprepared to affirm the thesis of respondents in this proceeding of a presumption of law to the effect that any person of Scotch birth or descent intends that his testamentary fiduciaries shall be recompensed at a rate less than that provided by law. It is, of course, a truism that a testamentary document is to be construed in accordance with…