Reports of Cases Argued And Determined in the Supreme Court of the State of Kansas. Published Under Authority of Law By Direction of the Supreme Court of Kansas
Reports of Cases Argued And Determined in the Supreme Court of the State of Kansas. Published Under Authority of Law By Direction of the Supreme Court of Kansas
Kansas. Supreme Court
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Sellards v. Kirby. the principal beneficiaries, created a presumption of undue influence, which was not rebutted by any evi- dence. There is some apparent conflict in the au- thorities as to the effect to be given to the circum- stance that a will is drafted by a legatee. In section 137 of Underbill on the Law of Wills it is said : "Many cases seem to hold that the circumstance that a party draws a will, . . . under which he takes a legacy, . . . raises a presumption of undue influ- ence exerte...d by him which must b^ rebutted by clear and satisfactory evidence. . . . But the safer and more correct statement of the rule is that such a con- dition of aflfairs creates no presumption, but merely raises a suspicion which ought to appeal to the vigi- lance of the court. . . . It is a fact to be con- sidered with other facts. It is undoubtedly a suspi- cious fact, but its weight depends, not solely upon its character, but upon the facts and circumstances with which it is connected. In some cases it would have no weight at all.
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