Hairston v. McMillan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• requiring a will contestant to prove incapacity to make a will by a preponderance of the evidence
• \The existence of a fiduciary relationship between a testator and beneficiary raises a presumption of undue influence.\
• \[T]he party alleging incompetence bears the burden of proving incapacity at the time of the transaction by a preponderance of the evidence.\ (alteration by court) (emphasis added) (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).