Master of Estate of McGowan

250 N.W.2d 234 (1977)

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Master of Estate of McGowan

Supreme Court of Nebraska
250 N.W.2d 234 (1977)

SC

Facts

The plaintiffs contested the admission of McGowan’s will to probate on the grounds of lack of capacity and undue influence. The county court admitted the will to probate. The district court affirmed. The plaintiffs appealed on the grounds that the jury instructions improperly placed the burden to prove undue influence on the plaintiffs. Specifically, the plaintiffs claimed that once they presented a prima facie case of undue influence, the presumption of undue influence was established and the burden of proof shifted to the opposing party.

Rule of Law

Issue

Holding and Reasoning (McCown, J.)

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