National Newark & Essex Bank v. Bollin

The opinion of the court was delivered by

Sullivan, S. J. A. D.

This is an appeal from a judgment of the County Court denying probate to decedent’s will, dated August 25, 1962, on the ground that, at the time the will was executed, the decedent lacked testamentary capacity because he was suffering from the insane delusion that caveator was not his son. For reasons hereinafter stated, we reverse and direct that the will be admitted to probate.

The burden of establishing lack of testamentary capacity is on the one who contests the will being offered for probate. This burden must be sustained by…