In re Estate of Man Wo Chan

This is an appeal by W. W. Gray, petitioner for the probate of a proposed will of Man Wo *156 Chan, deceased, from a judgment denying the admission of said will to probate, and from an order denying a new trial.

The only evidence in the case was that introduced by the appellant. Two persons testified that they were subscribing witnesses; and their testimony (if they were .■ credible witnesses) might be sufficient to establish the due execution of the proposed will. Another witness also testified, with some degree of positiveness, that the signature to the will was that of the deceased. The contestant, E. H. Cox, who had been appointed and was administrator, did not introduce any evidence. Still, the court must have believed that the will was a forgery; for the only finding of fact is, “ that the will propounded by . said Gray is not genuine, and was not executed by said Man Wo Chan, deceased, in his lifetime.” Of course the court below, sitting as a jury, was the judge of the credibility of the witnesses; and if the court had decided the issue upon the evidence before it, and had based its judgment upon a disbelief of the witnesses, we would not disturb it. It is evident,…