Sellers v. Root

Citations

• 112 Wash. 379
• 192 P. 887
• 1920 Wash. LEXIS 746

Syllabus

<p>Wills (20)—Validity—Undue Influence—Evidence—Sufficiency. There is no showing that a bequest to an attorney who drafted a will was induced by undue influence, where, after writing a letter in which the testator expressed a desire to give most of his property to the attorney, he was advised not to do so, but to think the matter over, and if he then desired to make a bequest, a smaller amount would be acceptable; that the will was later drafted by the attorney and contained a bequest to him in smaller amount than indicated in the letter, after which it was read and explained to the testator, who stated that it was correct.</p> <p>Same (38)—Contests—Rueden of Proof. Upon the contest, of a will which has been admitted to probate, the burden of proof is upon the contestants to establish every material fact alleged.</p> <p>Sam:e (17)—Validity—Drafting of Will by Beneficiary. The drafting of a will by a beneficiary thereunder does not in itself defeat the bequest, where there is no showing of undue influence and the evidence is clear and unequivocal that the will as written was as the testator desired it.</p>