From our private database of 44,500+ case briefs, written and edited by humans—never with AI.
Master of Estate of McGowan
Supreme Court of Nebraska
250 N.W.2d 234 (Neb. 1977)
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.)
What to do next…
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
