Brug v. Case

ROSE, Justice.

This matter arises by way of a dispute between the grantor’s third wife and the grantor’s children of a prior marriage over the validity of a deathbed deed to the wife conveying the husband’s ranch. The widow appeals from a decision of the district court declaring the deed invalid for the reason that it was procured through undue influence. This case presents three related issues: Which party had the burden of proof? What is the standard of proof?, and Was the trial judge’s finding supported by the record? We will affirm.

On May 24, 1977, William E. Matheny died of cancer,…