Estate of Lillibridge

Tlie evidence ought to he very strong, upon the trial of an issue devbavit vel non,—much stronger than it is in this case, •—to permit the will of a testator to be overthrown twenty years after his death. It is difficult to measure the amount of testimony that may he lost by death during such a period; it is almost equally difficult to ascertain how much, and to what extent, the testimony of well-meaning surviving witnesses may he affected by loss of memory. It may not be impossible to test a testator’s testamentary capacity by wbat witnesses remember about him twenty years ago, but sucb a lapse of time certainly renders it more difficult, and therefore more unsafe. We do not think a trial judge would be justified in sustaining a verdict against this will upon this testimony, and if a verdict in favor of the contestants ought not to be sustained, the issue should not bo granted.

Decree affirmed, and tbe appeal dismissed, at tbe costs of the appellants.