Kata v. Second National Bank

Paragraph six of the syllabus in Kennedy v. Walcutt (1928), 118 Ohio St. 442, states:

“In a will contest, by virtue of the statute, the burden of proof is east upon the contestant of the will and such burden never shifts from him.”

R. C. 2741.05 reads:

“On the trial of the issue made up as provided in Section 2741.04 of the Revised Code, the order of probate is prima facie evidence of the attestation, execution, and validity of the will or codicil.”

What was stated in paragraph three of the syllabus in Stevens v. Indus. Comm. (1945), 145 Ohio St. 198, is equally applicable to this case:

“It is the…