McQuarrie v. Kuttler

KINCAID, J. pro tern.,*—I dissent.

I cannot agree that we are compelled to conclude that Mrs. Kuttler intended the document in question to operate as her will over the contrary finding of the trial court.

Appellants assume and the majority opinion seems to hold *347that because no conflicting testimony was introduced by respondents the trial court must accept appellants’ testimony at the value placed upon it by appellants, and if the trial court did not do so it was “disregarding” that evidence. Such is not necessarily the case. In evaluating appellants’ testimony the trial court was entitled to,…