Viscount Haldane:-

This is an appeal from the Supreme Court of Canada which reversed the Chief Justice dissenting, a judgment of the Court of King's Bench for the Province of Quebec. That Court, in its turn, had reversed the judgment of the Superior Court for the Province delivered in an action which was brought to set aside a will. The claim was made against the appellant as defendant and was based on the contention that as the appellant who was the husband of the testatrix was the sole beneficiary under the will and had been instrumental in preparing it, the onus lay on him to show that he had not procured its execution by undue influence and misrepresentation, and this onus he had failed to discharge.

Their Lordships feel bound to express their regret at the course which the litigation has taken. The amount of the testatrix's estate is small and the costs of determining the issue raised must be out of all reasonable proportion to the sum at stake. But the judgments given have been successively reversed and there is no course open to this Board but to deal with the matter without regard to consequences.

The respondent, the plaintiff was an unmarried sister of the testatrix. The latt