Darby v. Schoolcraft

Dissenting Opinion

Kendall, J.,

Dissenting. — I am unable to agree with the majority opinion. It seems to me to reach the decision that the majority has, that this court has weighed the evidence.

I agree with that portion of the majority opinion which is as follows:

“The sole question for this court to determine in deciding the correctness of the decision of the trial court is whether or not there is evidence of probative value that Mrs. Dillender died prior to Mr. Dillender.”

In arriving at the answer to that query, I am guided by the general rule that where the evidence is conflicting, the…