The Court granted probate in solemn form of a will executed by an 84-year-old testator with metastatic cancer, where the plaintiff had originally challenged the will's validity on grounds of testamentary incapacity but withdrew those allegations following settlement. The Court held that withdrawn and unsubstantiated pleading allegations are insufficient to displace the presumptions of testamentary capacity, knowledge and approval, and testamentary intention arising from due execution, and that the court is not required to adopt an inquisitorial approach by requiring production of evidence the parties have elected not to lead. The historical challenge to the will's validity was treated as warranting a solemn form rather than common form grant.
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