In re the Estate of Hock

Wingate, S.

Whereas in the ordinary litigation a judicial determination in favor of a party bearing the burden of proof would be unwarranted where the sole fact demonstrated by the witnesses was that they were unmitigated liars, there is a fortunate exception to this rule in certain probate contests. The exhibition in the case at bar renders this observation apposite.

The record demonstrates that at the time of the occurrences in question the decedent was forty-eight years of age, of sound mind, conceded testamentary capacity, very intelligent, a good business man and that he was commander of…