Estate of Solomon

The burden of proof is on contestant to establish ground of contest. After a re-examination of the evidence, I am of the opinion that the contestant’s case is not supported by the preponderance of proof. Whether the statement of the testator was well or ill based, there was in the order of nature, according to the testimony in this contest, some reason for Ms belief. He knew when he was married; he knew when his daughter was born; hence he could have inferred the fact he alleges in the paper propounded. However much he might have been mistaken in the conclusion at which he arrived, if any fact existed as a foundation therefor, he was not the victim of insane delusion. A person may act upon weak testimony, yet be under no delusion (Myr. 15), and there does not appear to me to be sufficient evidence in support of the statement that Jacob and Han *87 nah were married in “the latter part of November,” 1854, and even then it would be a very close call for the child; the probable time, I am constrained to conclude, was near the feast of “Hanucah,” which began about the middle of December, 1854, and lasted until January 1, 1855; this was in or about the month of “Tebet,” the tenth month…