Trusts and Succession - Supreme Court Review
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Authors
Issue Date
1978
Volume
11
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The Nebraska Supreme Court did not review many trusts and succession cases during the survey period. Only two of those dealt with new or ambiguous areas of the law. Both cases involved questions of undue influence on a testator or testatrix in the making of a will.|In the case of In re Estate of McGowan, the court considered the effect of the Nebraska Evidence Rules on presumptions of undue influence. The rules provide that "[i]n all cases not otherwise provided for by statute or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence." The court decided that a "presumption of undue influence" is not a presumption within the meaning of the evidence rule...
Description
Citation
11 Creighton L. Rev. 397 (1977-1978)
Publisher
Creighton University School of Law