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SEIGLER v. SEIGLER

No. A-10702.

391 S.W.2d 403 (1965)

D. H. SEIGLER, Sr., Petitioner, v. Ernest SEIGLER et al., Respondents

Supreme Court of Texas.

May 12, 1965.

Attorney(s) appearing for the Case

Vincent Stine, Henrietta, Humphrey, Gibson & Darden, Wichita Falls, for petitioner.

Clyde Suddath, Henrietta, Jones, Fillmore, Robinson & Lambert, Wichita Falls, for respondents.

PER CURIAM.

This is a will contest involving the issues of testamentary capacity and undue influence. We do not agree with the statement of the Court of Civil Appeals that "the burden of proof on the whole case under the pleadings" rested upon the contestants. (386 S.W.2d 849). The burden of proof was upon the proponent (petitioner) to prove that the testator had testamentary capacity. The contestants could not properly secure the...

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