Confidential Relations and Burden of Proof of Undue Influence in Will Cases

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.