Bailey v. Bailey

Candler, Justice.

(After stating the foregoing facts.) By the admission of a prima facie case in favor of the propounder, the caveators assumed the burden of proving that the paper sought to be propounded was not entitled to probate because of mental incapacity of the testator or undue influence exercised over the mind of the testator by the propounder and Annie B. Wood. Our first inquiry must therefore be directed to the evidence introduced by the caveators to determine whether they have carried the burden of establishing the invalidity of the will on these grounds. First, on the issue of…