In Re Bottier

The evidence discloses that the testatrix, a maiden lady of eighty-two years, was master of her affairs until her death and was absolutely competent to make a will and that the document admitted to probate expresses her testamentary wishes.

The coincidence that the lawyer who drew the will is also a legatee, without more, does not raise a presumption of undue influence.

If, however, the circumstances that the attorney who drew the will was the testatrix's legal adviser and a beneficiary to a substantial sum, raises a presumption of undue influence (and it may be said with assurance that there…