Plaintiffs brought this action contesting a purported will of William Goodnight. They contend that due to illness including a stroke, and advancing age, he did not have testamentary capacity at the time the document was signed and that it was executed as a result of undue influence. The trial court, finding that the decedent had testamentary capacity at the time he signed the will and that it was not executed due to undue influence, declared the contested will valid.
Plaintiffs contend that the court’s judgment “was against the weight of the evidence”: (1) “because there was insufficient evidence to support the trial court’s finding that William Goodnight had testamentary capacity when he executed the will”; and (2) “because there was insufficient evidence to support the trial court’s finding that the will was not executed under the undue influence of Lena Brent.”
We should set aside a judgment on the ground that it is against the weight of the evidence with caution and with a firm belief that the judgment is wrong.
Murphy v. Carron,
Proponents of a will have the burden to establish as a part of their prima facie case that at the time of the execution of the will decedent was of sound and disposing mind and memory.
Maurath v. Sickles,
The burden of proving undue influence rests upon plaintiffs.
Maurath v. Sickles,
supra,
There was substantial evidence to support the trial judge’s determination on both points raised here and, giving deference to his ability to view the witnesses, we cannot say with a firm belief that the judgment was wrong. It therefore should be affirmed.
Murphy v. Carron,
supra,
The judgment is affirmed.
