Bowers v. Sears

As the majority opinion expressly recognizes, the question to be determined by the Probate Court in the instant case was “the actual market value of the succession [i. e., the 8100 shares of Towmotor Corporation] as of * * * the date of death” of the decedent on November 28, 1957. That question was obviously á question of fact. Since this court does not weigh evidence, it should affirm the determination of that question of fact made by the Probate Court and affirmed by the Court of Appeals if there is substantial evidence in the record to sustain such determination, i. e., if it is a…