Hancock v. Frazier

The only question in this case is one of fact. That is, whether the instrument admitted to probate in the probate court was executed by Otis B. Hancock as his will. A bill was filed in equity to contest the will under section 64, Title 61, Code.

At the outset it is important to know where is the burden of proof. When there is a contest in the probate court under section 52, Title 61, Code, the burden of proof is on the proponent and remains with him throughout to prove to the reasonable satisfaction of the court or jury trying the issue that the instrument was duly executed and is valid.…