Rice v. Rice
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. Department 1. This is a proceeding instituted in the County Court of Wasco County to contest the will of Eliza J. Rice. Two of the plaintiffs are George W. Rice, son, and Emma Southern, a daughter of the decedent. The other plaintiffs, six in number, are grandchildren of the decedent, descendants of her deceased children. The two defendants, Austin C. Rice and Etta Waterman, are respectively son and daughter of the testatrix.
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From Wasco: William L. Bradshaw, Judge. Department 1. This is a proceeding instituted in the County Court of Wasco County to contest the will of Eliza J. Rice. Two of the plaintiffs are George W. Rice, son, and Emma Southern, a daughter of the decedent. The other plaintiffs, six in number, are grandchildren of the decedent, descendants of her deceased children. The two defendants, Austin C. Rice and Etta Waterman, are respectively son and daughter of the testatrix. She was 84 years of age. Her husband had died on January 10th; the disputed will was executed February 23d; and she died May…
1Opinion of the Court
BURNETT, J,
1,. 2. As taught in Simpson v. Durbin, 68 Or. 518 (136 Pac. 347), and Sturtevant v. Sturtevant, 92 Or. 269 (178 Pac. 192), the bnrden of proof is upon the contestants in such a ease as this to prove by a preponderance of the evidence their allegations *561of fraud and undue influence which induced the testatrix to make the will as she did. On the other hand, it is the rule that when a will is challenged on the ground of want of testamentary capacity in the testator, it is incumbent upon the proponents to prove the decedent’s capacity to make a will, by a preponderance of the evidence.…
2Cases cited4 opinions
- Sturtevant v. SturtevantOregon Supreme Court · 1919
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1891
- Rowe v. FreemanOregon Supreme Court · 1918
- Simpson v. DurbinOregon Supreme Court · 1913
3Cited by16 opinions
- Wayne v. HuberOregon Supreme Court · 1930
- Estate of Verd Hill v. HendersonOregon Supreme Court · 1953
- In Re Will of Robert CarrOregon Supreme Court · 1927
- Trombly v. McKenney, Ex.Oregon Supreme Court · 1951
- Allen v. BredingOregon Supreme Court · 1947
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