Hunt v. Phillips

Citations

• 34 Wash. 362
• 75 P. 970
• 1904 Wash. LEXIS 360

Syllabus

<p>Wills — Contest—Burden oe Prooe — Appeal—Trial de Novo. Upon the contest of a will which has been admitted to probate ex parte, the burden of proof is upon the contestants to establish every material fact alleged; but the ruling of the trial court upon this point is immaterial, since the supreme court tries the case de novo.</p> <p>Appeal — Harmless Error — Trial de Novo. The admission of incompetent evidence is harmless where the supreme court tries the case de novo on appeal.</p> <p>Wills — Contest—Construction—No Presumption in Favor oe Heirs. In construing a will contested by disinherited heirs, no presumptions can be indulged in favor of rights conferred by the law of descent and distribution, which are no more potent than the right to make a voluntary distribution.</p> <p>Wills — Execution—Undue Influence — Costs to Contestants. Evidence examined, and found to sustain findings of due execution, lack of undue influence, and testamentary capacity, and that an allowance for costs to the contestants was properly refused.</p>