In re the probate of the will of Cooper

75 N.J. Eq. 177 | N.J. Super. Ct. App. Div. | 1909

Pitney, Ordinary.

Counsel for the appellants do not controvert the principle of law adopted by the court below as applicable to the case. The contention is that the learned judge erred in his conclusions of fact.

My examination of the case convinces me that those conclusions are fully supported by the evidence, and that the respondent Axtell fairly sustained the burden of showing that the will was the product not of undue influence, but of the free and independent judgment of the testatrix.

The decree under review will be affirmed.

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