Tobias v. Mathews
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. ’ Department 2. This is a contest concerning the validity of a will executed by Anna E. Dale, deceased.
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From Multnomah: William N. Gatens, Judge. ’ Department 2. This is a contest concerning the validity of a will executed by Anna E. Dale, deceased. The probate of the will was contested by Mrs. Mathews, on the ground (1) that the deceased was, at the date of its alleged execution, mentally incapable of' making a will and (2) that said instrument was executed under and by reason of the undue influence, importunities, suggestions and persuasions of Mattie M. Tobias, a granddaughter of deceased, and her husband, David S. Tobias. The matter was heard in probate before Hon. T. J. Cleeton, County…
1Opinion of the CourtMcBRIDE, C. J.
While the testimony in this case is voluminous, comprising over eleven hundred pages of manuscript, there is not a single question of law raised which is seriously disputed, the case depending primarily upon what we shall find to be the ultimate facts shown by the testimony and the application of well-known principles of law to such facts.
1, 2. The burden of proof to establish testamentary capacity rests, in the first instance, upon the proponent of the will, and without attempting to discuss the evidence in detail, we think it shows that decedent was mentally capable of making a will.
When…
2Cited by21 opinions
- In Re Southman's EstateOregon Supreme Court · 1946
- In Re Knutson's WillOregon Supreme Court · 1935
- In Re Walther's EstateOregon Supreme Court · 1945
- Wayne v. HuberOregon Supreme Court · 1930
- In Re Brown's EstateOregon Supreme Court · 1940
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