In re White (Deceased) Brown v Free - [1951] NZLR 393

Probate and Administration — Probate — Testamentary Capacity — Delusion affecting Testator's Mind at Time of Execution of Will — Onus of Proof on Party propounding Will to establish affirmatively Execution by Testator free from Delusion of Such Character as to affect Disposition of His Property.

Practice — Appeal to Court of Appeal — Review of Decision of Judge sitting without Jury to decide Question of Fact — Court of Appeal satisfied Such Judgment plainly Wrong in Law — Duty to reverse It.