Gomien v. Weidemer

Citations

• 29 Ohio C.C. Dec. 1
• 27 Ohio C.C. (n.s.) 177

Syllabus

<p>WILL—CONTEST.</p> <p>1. Not Scintilla Rule but Evidence to Countervail Prima Facie Case of Probate Necessary on Motion for Verdict by Will Contésteos.</p> <p>Where, at the close of the evidence for the contestants in a will case, a motion is interposed to direct a verdict for the contestees, the trial judge is not bound by the scintilla rule, but will determine whether the evidence which has been offered is sufficient to countervail the prima facie case made by the order of probate.</p> <p>2. Opinions of Witnesses without Supporting Facts not Sufficient to Overcome Prima Facie Case of Probate of Will of Feeble and Aged Woman Suffering Many Physical Ailments.</p> <p>The opinion of witnesses that the testatrix, a feeble old lady afflicted by a number of physical ailments, was of unsound mind at the time her will was executed is not sufficient to overcome the prima facie case arising from probate, where no facts were given by the witnesses which would support their opinion and it is in evidence that she always inquired about her children and grandchildren and exhibited affection for them and recognized her own afflictions and conversed in an intelligent manner.</p> <p>[Syllabus by the court.]</p>