Park v. George

John I. Purtle, Justice.

The probate judge for Prairie County admitted a will to probate over appellants’ objections that it was procured by undue influence and that the testator lacked mental capacity. Appellants argue here that: 1) the court erred in not shifting the burden of proof; 2) the court erred in allowing an expert witness to testify; and 3) the trial court’s findings were clearly erroneous. We agree that the court erred in placing the burden of proof on the contestants thereby creating prejudicial error. Since the case was fully developed and we review it de novo we hold the will…