Hull v. Cartin

(After Making the Statement). — The proponents proceeded in accordance with the practice suggested by this court in Head v. Nixon, 22 Ida. 765, 128 Pac. 557, wherein it was said:

! ‘ Where a petition for probation of a will and a contest are tried at the same time, the proponent should first present his preliminary proof in support of his petition, on which he has the burden of proof; and when other evidence is also introduced in favor of the contestant, the burden of proof then shifts to the contestant.”

They submitted the proof which they conceived sufficient to make a prima facie case, to…