Purdy v. Hall

Citations

• 134 Ill. 298
• 25 N.E. 645

Syllabus

<p>1. WrtiliS—contest of will—testator’s knowledge of contents'—presumption—degree of evidence. In the absence of evidence, it will be presumed that a person who executes a will or other instrument does so with a knowledge of its contents; but this is a presumption which will readily yield to evidence tending to show that such was not the fact.</p> <p>2. Where a will has been written, or procured to be written, by a person largely benefited by it, that is a circumstance to excite stricter scrutiny, and require stricter proof of volition and capacity. In such case, the proof must satisfy the court or jury that the testator has not been imposed upon, but knew what he was doing, and the disposition he was making of his property, when he made the will.</p> <p>3. Same—burden of proof—on contest of will. On the contest of a will by bill in chancery, the trial is de novo, and the burden of proof is primarily upon the proponents of the will, and they are required to show that the will was in writing, and signed by the testator, or by some person in his presence and by his direction, and was attested in his presence by at least two witnesses, and that the testator was of sound mind and memory at the time of signing or acknowledging the same.</p> <p>á. The statute makes the certificate of the oaths of the attesting witnesses at the probate, evidence on the hearing upon the bill; and when such evidence is admitted covering the points prescribed by section 2 of the Statute of Wills, it will prima facie establish the will, and the burden will then be shifted to the complainants contesting the same.</p> <p>5. Same—evidence—copy of will. On the trial of an issue whether an instrument of writing is the last will of a deceased person, it is error for the court to allow the defendants to introduce in evidence a certified copy of the will. The original should be produced, or its absence properly accounted for.</p> <p>6. Allegations and proofs—must correspond. A complainant in chancery