Null's Estate

Opinion by

Mr. Justice Kephart,

Claimant presented for allowance in the court below two notes aggregating the sum of $6,500 against the estate of his mother, Christena Null. The notes were disallowed because claimant failed to prove that his mother acted voluntarily, deliberately, and that she knew what she was doing; on the contrary, it was found that the mother was incompetent and that there was a confidential relation.

The presumption as to gifts,, inter vivos, is that the donor has mental capacity. This presumption can be rebutted. Capacity relates to soundness of mind, or in other words a…