Thomas v. National Christian Ass'n
Nebraska Supreme Court
Appeal from the district court for Richardson county. Heard below before Letton, J. When confidential relations exist between the testator and legatee, snch as guardian and ward, attorney and client, physician and patient, religious adviser and layman, and the like, opportunities outside the family relation for unduly influencing the mind of a testator create a grave suspicion that such influence was exercised; so that whenever it appears that the will was executed through…
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Appeal from the district court for Richardson county. Heard below before Letton, J. When confidential relations exist between the testator and legatee, snch as guardian and ward, attorney and client, physician and patient, religious adviser and layman, and the like, opportunities outside the family relation for unduly influencing the mind of a testator create a grave suspicion that such influence was exercised; so that whenever it appears that the will was executed through the intervention of one occupying such relation to his especial advantage, the presumption of undue influence arises and…
1Opinion of the Court
Duffie, 0.
The first of the above entitled causes is a contest of the will of William 0. Bissell, deceased, and the second is an equitable action brought to set aside a deed made by said Bissell to one Phillips, and executed by him at the same time he made the will in controversy. The questions in each case relate to the mental capacity of the grantor and testator at the time of the execution of said instruments, and the legal right of Bissell to devote his property to the object which it is claimed was intended. Both the deed and will were executed by Bissell on January 28, 1898, and he died…
2Cases cited4 opinions
- Kingsbury v. WhitakerSupreme Court of Louisiana · 1880
- Estate of ToomesCalifornia Supreme Court · 1880
- Brown v. WardCourt of Appeals of Maryland · 1880
- Connor v. StanleyCalifornia Supreme Court · 1887
3Cited by2 opinions
- Haddad v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
- Beals v. CroughwellNebraska Supreme Court · 1941