Where allegations in a contested probate proceeding are withdrawn before evidence is led, the court retains discretion to grant probate in common form rather than solemn form. For a grant in solemn form, the minimum evidentiary requirements for validity must be satisfied, including at least proof of due execution. The court has discretion as to what evidence it regards as sufficient to justify a grant in solemn form.
The full text is available to signed-in members, including the 28 later cases that cite this judgment.
1 of the 28 citing cases carry a classified treatment. How each court treated it is available to signed-in members.