In Re Pilcher's Estate. Von Pilcher v. Pilcher

WADE, Justice.

I concur. But I find much confusion in the decisions both of this and other courts as to the effect of a presumption. In the hope of clarifying some of these matters, I add this opinion.

The prevailing opinion recognizes that a presumption may have the effect of requiring the party, who claims the facts are contrary to such presumption, to not only produce some evidence that such is the fact, but also to persuade the trier of the facts not only by a mere preponderance of the evidence but by clear, convincing and conclusive evidence. This court has often said that a presumption…