In Re Last Will and Testament of Melson

(for the majority):

In this appeal from the Court of Chancery, we examine the question of who should bear the burden of persuasion on claims of undue influence and lack of testamentary capacity in a will contest proceeding. The Court of Chanceiy placed the burden on the contestant, notwithstanding that the proponent, the testatrix’s son, drafted the will and was its principal beneficiary. Although earlier Delaware authorities spoke ambiguously in this respect, we now hold that, under the circumstances of this case, the burden of persuasion lay with the drafter/beneficiary.

I

Viola Melson…