Mathie v. Mathie

HENRIOD, Justice

(concurring

with the dissent of CALLISTER, J.)

I subscribe to the observations and conclusions of Mr. Justice CALLISTER in his dissent, and add that in my opinion the trial court has made a will for the parties without the benefit of provisions of the Statute of Wills, and that the majority opinion has compounded the error by adding a codicil thereto subject to the same objections, endeavoring to change the terms of the trial court’s conclusions without benefit of evidence adduced that might have been subjected to the test of cross-examination.