Davis v. Frederick

(After stating the foregoing facts.)

The first ground of the amendment to the motion for a new trial assigns error upon the following charge of the court: “ The bur.den of proof in the case is primarily with Edwin S. Davis, who offers the will for probate. If the party offering the will ior probate proves its execution, proves that John W. Johnson was apparently of sound mind, proves that the will was, or paper was, freely and voluntarily executed, then the petitioner has *812carried the burden of proof to that extent, and the burden is cast upon the caveators to meet that prima facie case.” The…