In Re Mickich's Estate

At the outset we proceed upon the theory that the presumption is always against intestacy, (28 R.C.L. 189; In re Bragg'sEstate, 106 Mont. 132, 76 P.2d 57), and it is the policy of courts to sustain a will if it is possible to do so, (In reBragg's Estate, 106 Mont. 132, 76 P.2d 57.) We also have in mind the ruling, laid down by this court so often, that unless there is substantial evidence tending to nullify a last will and testament, the court should not permit it to be set aside. (Inre Bielenberg's Estate, 86 Mont. 521; 284 P. 546; In reSilver's Estate, 98 Mont. 141; 38 P.2d 277; In…