In Re Will of Fenwick

POMEROY, Justice.

This appeal from a decree of the Supreme Court of Probate allowing the Will of Margaret Fenwick underscores the importance of the distinction which the law draws between an inference and a presumption. 1 A Justice of the Supreme Court of Probate reversed a decree of the Knox County Probate Court which had disallowed the Will, thus denying it legal effect. The disallowance was based on a finding that the Will had resulted from undue influence and fraud practised on testatrix by a nephew and chief beneficiary under the Will, Glenn Prescott, Jr.

The Justice in the Supreme Court…