IND V. SCOTCH COLLEGE 4/1927

IND V. SCOTCH COLLEGE 4/1927

The evidence led on behalf of the appellant, weighed against the inherent improbabilities, the prior behaviour and condition of the deceased, and the suspicious circumstances surrounding the will's execution, was not sufficiently credible to discharge the burden of proof that Mrs. Ingerson executed the document as her last will. The trial judge, having seen and heard the witnesses, was not satisfied as to the truth of their story, and there is no basis for the appellate court to overturn that finding.

Parties
Appellant: Jupem; Respondent: Ind; Respondent: Scotch
Jurisdiction
Australia
Judgment Date
26 September 1927
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Validity of Will, Testamentary Capacity, Burden of Proof, Probate Proceedings
Succession Law Probate Validity of Will Testamentary Capacity Burden of Proof Probate Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Jupem

Appellant

Ind

Respondent

Scotch

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the appellant has proved that Mrs. Ingerson executed the document of 9 November 1925 as her last will
  2. 2 Whether the testimony supporting the will's execution is credible and sufficient to discharge the burden of proof

Ratio Decidendi

The evidence led on behalf of the appellant, weighed against the inherent improbabilities, the prior behaviour and condition of the deceased, and the suspicious circumstances surrounding the will's execution, was not sufficiently credible to discharge the burden of proof that Mrs. Ingerson executed the document as her last will. The trial judge, having seen and heard the witnesses, was not satisfied as to the truth of their story, and there is no basis for the appellate court to overturn that finding.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.