Penn v. Thurman

1. There was no evidence of undue influence, or fraud inducing the making of the will which was propounded for probate; nor was there evidence of a mistake by the testatrix as to the existence or conduct of her heirs. A number of the grounds of the motion for a new trial, which were dependent upon the existence of such evidence, were without merit.

2. In this State the propounder of a will can not make out a prima facie case by merely proving the factum of the will and relying on a legal presumption of sanity, but must introduce evidence on the subject of sanity, in making out such prima facie…