Barlaw v. Harrison

Citations

• 51 La. Ann. 875
• 25 So. 378
• 1899 La. LEXIS 488

Syllabus

<p>Syllabus.</p> <p>The law presumes against fraud. Where acts are susceptible of two construe- . tions, one consistent with honesty and fair dealing, and the other odious and' criminal, the burden of proof is on the one who charges the latter and wishes the court to think that the odious and criminal is true.</p> <p>In a suit to have an olographic will decreed null, on the ground that it is not in the handwriting of the deceased and is a forgery, the weight of the testimony to justify a judgment annulling the will should make it appear, with some certainty, that the will is a forged paper.</p> <p>The presumption of regularity and honesty is sustained by the weight of the testimony.</p> <p>This was the conclusion arrived at by a jury of the vicinage who saw and heard the witnesses, and had special opportunity to judge of their credibility and' character. It was adopted by the Supreme Court as the basis of the judg- : ment.</p>