Nyka v. State

It is the basic contention of the plaintiffs that Mary Jaczko was incompetent to execute the deed in question.

In 28 Am. Jur., Insane and Other Incompetent Persons, pp. 751-753, it is stated:

“It is well settled that the law will presume sanity rather than insanity, competency rather than incompetency; it will presume that every man is sane and fully competent until satisfactory proof to the contrary is presented.” P. 751, sec. 121.

“The rule, with relation to the burden of proof of insanity, is generally stated to be that the burden of proof to establish insanity rests with the party who…