(1909), 41 S.C.R. 391
It was alleged that a Will was made when the testator was not of sound mind and inspired by suggestion and undue influence.
Where a will is executed in suspicious circumstances the party propounding the will must produce evidence to remove the suspicious and satisfy the Court the testator knew and approved the will’s content. The will was upheld even though the testator was frail and all the impugned parties had done was obtain two notaries to attend. There was no clear evidence of capitation, suggestion or undue influence.