Seigler v. Seigler

This is a will contest involving the issues of testamentary capacity and undue influence. We do not agree with the statement of the Court of Civil Appeals that “the burden of proof on the whole case under the pleadings” rested upon the contestants. (386 S.W.2d 849). The burden of proof was upon the proponent (petitioner) to prove that the testator had testamentary capacity. The contestants could not properly secure the fight to open and close the argument under Rules 266 and 269, Texas Rules of Civil Procedure by voluntarily assuming the burden of proof on this issue. In order to gain such…