McBride v. Ostvalden

It cannot be seriously urged that there is a lack of evidence tending to support the findings of fact or that the findings of fact do not support the conclusions reached below. It is, however, earnestly contended that the rule of law as to weight of evidence was misapplied and that the usual presumption in favor of the findings does not exist under the circumstances. The appellant insists that the memorandum opinion of the learned trial judge indicates a disregard of the rule as to the degree of convincing power of evidence necessary to prove incompetency of the testator. ' It is well-settled…