Callaway v. Callaway

Bell, Justice.

In this proceeding to probate an alleged copy of a lost will, the caveator admitted on the trial that the decedent had sufficient mental capacity to make a will, and that she did make a will which was in existence after her death; and the only issue for trial was as to the correctness of the alleged copy. The judge charged the jury: (a) “The burden of proof is on the propounder . . to establish the fact that this will offered for probate in the court of ordinary is a true and correct copy of the original will made by [the decedent], which it is contended was lost. He must prove…