Supreme Court of Virginia January 15, 1839 (Clarke v. Dunnavant)

Parker, J.

I am of opinion that the will of William Bunnavant deceased was well proved, there being no evidence of fraud or unfairness in the transaction.

It is a will attested in 1828, and offered for probate in 1837. After such a lapse of time, the forgetfulness of the witnesses as to some of the circumstances attending its execution, affords no fair presumption tha* they did not exist.