Montgomery v. Von Metzler

This is an appeal from the allowance of an instrument offered for probate as the will of the decedent. The proponent, the named executor, is the attorney who drew the will, supervised its execution and was one of the attesting witnesses. The *886contestants claim that the proponent failed to sustain his burden of proving testamentary capacity (see Duchesneau v. Jaskoviak, 360 Mass. 730, 732-733 [1972]) and that certain evidence offered by the contestants was erroneously excluded. Since the contestants failed to request a report of material facts and no voluntary findings were made by the probate…