In Re Luders' Estate

(after stating the facts). There is no claim, and cannot be, that testatrix was mentally incompetent. The testimony without dispute shows her to have been mentally sound. She was well along in years, by reason of which and physical infirmities she remained at home. She grieved very much over the loss of her lifelong companion and was many times in tears. Shopping and such other matters as necessitated going down town or elsewhere were done by her children for her. This did not make them trustees, establish fiduciary relations and cast the burden of proof upon them. There must be something…