Rehak v. MacDougall
The chambers judge did not commit reversible error: she acted within her discretion to determine the petition summarily, found the attesting witnesses credible and their evidence outweighed an equivocal 60% forensic opinion, and correctly concluded the alleged suspicious circumstances were not sufficiently well grounded to displace the statutory presumption of validity; accordingly the will was properly pronounced in solemn form and the appeal is dismissed.
Source excerpt
- Proof of will in solemn form
- Suspicious circumstances and burden of proof
- Summary disposition on affidavit evidence
- Handwriting expert evidence
- Attesting witness credibility