In Re Choinieres Estate

1. Wills ? presumption of due execution. When a will has been proved and admitted to probate, a presumption of due execution is raised which the contestant in a will contest has the burden of overcoming by clear and satisfactory evidence. 2. Wills ? presumption of due execution includes mental capacity. The presumption of due execution of a will arising from its admission to probate includes the element of mental capacity of testatrix to execute a will. 3. Wills ? evidence insufficient to overcome presumption of due execution. Where several witnesses qualified to testify as to the mental condition of the testrix were available but contestant relied upon the testimony of only one expert whose opinion was given in response to a hypothetical question, the court was justified in concluding that the evidence was insufficient to overcome the presumption to the contrary raised by the wills admission to probate and other evidence indicating that the testatrix had testamentary capacity. 4. Wills ? evidence sufficient to show capacity to make will. In the contest of the will, evidence warranted finding that at the time the testatrix signed the will its contents were known and approved by her, that when the testatrix signed the will she examined it and declared it to be her own, and that no undue influence was exercised upon testatrix notwithstanding that the will was prepared by the son of the principal beneficiary.