M.I. Marshall & Ilsley Trust Co. v. McCannon

I agree with the reasoning and result of the majority opinion, but write separately to emphasize, in my view, the burden of proof that will contestants must carry.

We are bound by, and follow, the pronouncement of our supreme court that a party contesting a will because of a testator’s alleged insane delusion has the burden to prove the existence and effect of such delusion by a preponderance of the evidence. In re Estate of Smith, 53 Ariz. 505, 508-09, 91 P.2d 254, 255 (1939). Generally, this requires that “the trier of fact find the existence of the contested fact to be more probable than…