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Confidential Relations and Burden of Proof of Undue Influence in Will Cases
Clark, Charles
Clark, Charles
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Abstract
In Appeal of Kirby the Supreme Court of Errors of Connecticut held, that, on an appeal from the probate of a will, the burden of proof of the issue of undue influence shifts from the contestant when there is evidence that a legatee occupied a relation of special confidence to the testator, irrespective of the question whether the legatee had participated in the actual making of the will.