Thomas v. Johnston

I respectfully dissent from the opinion of the court. I agree that the critical question is whether appellant established the existence of a “clear or palpable” mistake of fact that her husband had died intestate when she distributed one-half the assets of his estate in March, 1964. I am of the opinion, however, that there *674is no evidence to contradict her assertion that such was her mistaken belief and that she did not discover the will until after distribution. In the absence of such contradictory evidence I think the trial judge’s finding is unsupported and therefore clearly erroneous.

The…