Roe v. Duty

Citations

• 115 Wash. 313
• 197 P. 47
• 1921 Wash. LEXIS 741

Syllabus

<p>Wills (17, 20)—Undue Influence—Evidence—Weight and Sufficiency. Upon contest of a will on the ground of undue influence, the testimony to overcome the will must he cogent and convincing; and the relations of the parties, surrounding circumstances, the habits and inclinations of the testator, all furnish competent sources for the guidance of the court in determining the question.</p> <p>Same (17, 20)—Undue Influence—Evidence—Weight and Sufficiency. Persuasion or solicitation of a parent by a child to award him a greater part of the former’s estate than is given another child does not constitute undue influence.</p> <p>Same (17, 20)—Undue Influence—Evidence—Weight and Sufficiency. In the contest of a will on the ground of undue influence, where practically all the estate of the testatrix was given to a son and but a nominal bequest to the daughter, the failure of the son as chief beneficiary to testify was a fact proper to weigh and consider, but was not a controlling circumstance.</p>