Shevalier v. Seager

Citations

• 121 Ill. 564
• 13 N.E. 499

Syllabus

<p>!• Hew trial—on verdict of jury in contested will case—rule as in suit ai iaW' The verdict of a jury in a contested will case stands upon the same footing as a verdict in a common law case, when it is sought to impeach or set it aside on the ground it is not sustained by the evidence.</p> <p>2. Same—on the evidence. A verdict will not be set aside when there is a contrarietv of evidence, and the facts and circumstances, by a fair and reasonable intendment, will authorize the verdict returned, notwithstanding it may appear to be against the strength and weight of the evidence; nor when the evidence of the successful party, when considered by itself, is clearly sufficient to sustain the finding.</p> <p>3. Where the evidence as to the mental capacity of a testator to make a ^11 is hopelessly conflicting, many of the witnesses and acquaintances of deceased testifying that he was not competent, and an equal or greater number testifying that he was competent, and the trial court sanctions a verdict finding the testator incompetent, by refusing a new trial, this court will not have the power to reverse on the ground that the verdict is not sustained by the evidence.</p> <p>4. Evidence—weight and credit, how determined. In the case of a conflict in the testimony of witnesses as to a fact in issue depending on their judgment, based on knowledge and circumstances, the weight of the evideuce will not depend upon the number of the witnesses. The testimony A A v a sinSl®i honest, intelligent witness, respecting a matter of judgment, is entitled to more weight and credit than the testimony of many ignorant and unscrupulous witnesses.</p>