Van Demark v. Tompkins, Exr.

The chief point for reversal urged by the plaintiffs in error is that in the instructions to the jury before argument and in the general charge the court erred in giving the rule as to the amount of evidence required to set aside a will.

It is apparent that the court followed the rule laid down in the case of Hall v. Hall, 78 Ohio St., 415, 85 N. E., 1125. It is urged on behalf of the plaintiffs in error that the instruction as thus given “establishes the erroneous rule that the contestants in a -will contest case are not permitted to have the benefit of any favorable testimony which may be…