Knauff v. Davidson

This is a contest of the validity of a will made after its admission to probate. The will was admitted *420to probate without a contest, and this appeal is from the judgment or order of the superior court refusing to revoke the probate thereof.

It is first contended that there was no showing of testamentary capacity. This matter was gone into at the preliminary hearing, and the evidence in the record is, we think, sufficient, prima facie, to establish testamentary capacity in the absence of any evidence to the contrary. The evidence in the record is confined to testamentary capacity and the proof…