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Master of Estate of McGowan

Supreme Court of Nebraska

250 N.W.2d 234 (Neb. 1977)

Relevant factsFree

Contestants challenged the admission of McGowan's will to probate on grounds of lack of capacity and undue influence; the county court admitted the will and the district court affirmed. On appeal, the contestants argued the jury instructions improperly placed the burden of proving undue influence on them, contending that once they presented a prima facie case, a presumption of undue influence arose that shifted the burden to the will's proponents.

IssueFree

Whether, in a will contest, the burden of proof on the issue of undue influence shifts once the contestant establishes a prima facie case of undue influence.

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