City National Bank & Trust Co. v. Graves

This cause was transferred from the Court of Appeals, Kansas City District, to reconsider whether or not the standard burden of proof instruction, MAI 3.01, would adequately instruct a jury as to the burden placed on a party claiming an inter vivos gift after the death of the alleged donor. After reargument in this court, we agree with the Court of Appeals that it would not; and, that the admonition found in the Committee’s Comment following MAI 3.01 that “This instruction is not to be used in those rare cases where the proof must be ‘clear, cogent and convincing’ ” is consistent with the law…