The determination of whether a prima facie case for revocation of probate exists is not an exercise of discretion but a question with only one correct answer, attracting the correctness standard of appellate review. When assessing whether particulars establish a prima facie case of testamentary incapacity, the court must consider the particulars as a whole to determine whether they raise a case for investigation, rather than weighing individual particulars in isolation and assessing competing explanations as if at trial. The absence of persons having claims upon a testator's bounty does not preclude a finding of testamentary incapacity.
The full text is available to signed-in members, including the 36 later cases that cite this judgment.
5 of the 36 citing cases carry a classified treatment. How each court treated it is available to signed-in members.