Daley v. Judge of Probate

The case is wrongly entitled. The Judge of Probate is not a party to proceedings of this sort. This appeal should be in the name of the executrix against the decedent’s heirs. Judge of Probate v. Daly, 88 N. H. 477.

The executrix, upon whom rested the burden of establishing by a preponderance of the evidence that the instrument which she offered for probate was a valid will (Albee v. Osgood, 79 N. H. 89; Bartlett v. McKay, 80 N. H. 574; Gaffney v. Coffey, 81 N. H. 300), opened the trial by calling to the stand or accounting for the absence of the three persons whose names appeared as witnesses…