In  Walker  v.  Carrington,  74  111.  453-4,  the  Supreme  Court
say,  that  whore  such  a  charge  is  made  long  after  the  facts  on
which  it  rests  transpired,  and  the  party  charged  is  dead,  these
circumstances  ai-e  "quite  important"  in  determining  whether  it
has  been  "sufficiently  proved,"  and  make  their  own  the  follow-
ing language  of  Judge  Story  in  Prevot  v.  Gratz,  6  Wheat.  497-8:
"Fraud  or  breach  of  trust  ought  not  lightly  to  be  imputed  to
the  living,  for  the  legal  presumption  is  the  other  way;  and  as
to  the  dead,  who  are  not  here  to  answer  for  themselves,  it
would  be  the  height  of  injustice  and  cruelty  to  disturb  their
ashes  and  violate  the  sanctity  of  the  grave,  unless  the  evidence
of  fraud  be  clear,  beyond  a  reasonable  doubt. "

You  XXXII   31


4S2  Appellate  Courts  of  Illixois.
Vol.  32,]  0*Bannon  v.  Viffus.
