Coblentz v. Putifer

Citations

• 97 Kan. 679
• 156 P. 700
• 1916 Kan. LEXIS 376

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Gifts — Inter Vivos — Undue Influence — Burden of Proof. Rule followed that persons enjoying a confidential relationship with the grantor of gifts inter vivos have the burden of showing that such gifts were made without undue influence.</p> <p>2. Same — Undue Influence — Question for Jury. Rule followed that the fact of undue influence is ordinarily a proper question for the jury.</p> <p>3. Same. The facts surrounding gifts of land and personalty by a mother to her three sons about three days before her death and during her last illness, and other attendant and related circumstances, examined and held sufficient to present a fair question of undue influence .in an action by a daughter who was deprived of a share of her mother’s estate by the gifts in controversy.</p>