112 Wash. 379 | Wash. | 1920
This is a will contest, the grounds of which are the alleged incapacity of the testator and undue influence in procuring the making of the will. After the issues were framed, the cause was tried to
George Adin, now deceased, was for many years prior to his death a resident of Skagit county. Milo A. Eoot, now deceased, was practicing law in Seattle, Washington, and for sometime prior to January 3, ' 1915, had been the attorney for Adin. The will in controversy was duly executed on January 3, 1915. The testator, George Adin, died in September, 1916. The will was admitted to probate by the superior court of Skagit county, October 2, 1916, and letters testamentary were issued to Milo A. Eoot. On January 9,1917, Milo Eoot died, leaving the administration of the estate uncompleted. Subsequently administrators with the will annexed were appointed. On September 29, 1917, the contestants of the will, filed their petition to vacate the order admitting it to .probate, upon the grounds, as above stated, of mental incapacity and undue influence. As to the bequest of the attorney who drew the will, the trial court held “that a legal presumption of undue influence arises and exists as to the bequest made to Milo A. Eoot under and in said will, which presumption has not been overcome. ’ ’ The only question in the case is whether the bequest to Milo A. Eoot was induced by undue influence.
There is no evidence sustaining the charge of undue influence. All the evidence in the record on the question is to the effect that there was no undue influence. Prior to the drafting and execution of the will in con
“In any such contest proceedings [will contests] the previous order of the court probating, or refusing to probate, such will shall be prima facie evidence of the legality of such will, if probated, or its illegality, if rejected, and the burden of proving the illegality of such will, if probated, or the legality of such will, if rejected by the court, shall rest upon the person contesting such probation or rejection of the will.”
The facts and the presumption both sustain the will as written. "While it may have been an error of judgment for a beneficiary under the will to act as the draftsman thereof, this in itself is not sufficient to defeat a bequest where there is no evidence showing undue influence, and where the evidence upon the question, given by creditable witnesses, is clear and unequivocal in support of the view that the will as written was as the testator desired it.
The judgment will be reversed, and the cause remanded with directions to the superior court to enter a judgment sustaining the will in its entirety.
Holcomb, C. J., Tolman, Bridges, and Parker, JJ., concur.