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Estates and Trusts Commons

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University of Washington School of Law

Journal

1935

Articles 1 - 2 of 2

Full-Text Articles in Estates and Trusts

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer Jan 1935

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer

Washington Law Review

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …


Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer Jan 1935

Is There A Presumption Of Undue Influence Upon The Testator When The Attorney Drawing The Will Is Made A Beneficiary Therein?, Robert Palmer

Washington Law Review

In the recent California case of In re Ersekson's Estate, a will was contested on the ground of undue influence practiced upon the testator by the attorney drawing up the will and who was made one of the residuary legatees thereunder. This case raises the quite common and interesting problem often found in a will contest as to whether a presumption of undue influence exists, placing the burden of proving no such influence on the proponents of the will, when the attorney who draws up the instrument is named as one of the beneficiaries therein It is the purpose of …