IN RE MONTGOMERY'S WILL

No. 268.

162 A.2d 344 (1960)

In re Will of Clara Belle MONTGOMERY.

Supreme Court of Vermont. Caledonia.

January 15, 1960.


Attorney(s) appearing for the Case

John R. Mollica, Hardwick, John A. Swainbank, St. Johnsbury, for plaintiff.

Richardson & Caldbeck, St. Johnsbury, for defendant.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.


BARNEY, Justice.

The proponent, appellant here, sought to have a lost will admitted to probate. At the close of all of the evidence the county court ruled that the proponent had failed to sustain the burden of proof that this instrument was the will of Clara Belle Montgomery and in full force and effect, unrevoked, at her death. A verdict was directed in favor of the contestants, appellees here, to which ruling the proponent excepted. This exception constitutes the...

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