PARK v. GEORGE

No. 83-292.

667 S.W.2d 644 (1984)

282 Ark. 155

Colleene B. PARK, Margaret B. "Polly" Smith, W.T. Buck, Sr. and Malcolm Buck, Appellants, v. Conway GEORGE, Personal Representative of the Estate of Myrtle Rogers, Appellee.

Supreme Court of Arkansas.

Rehearing Denied May 7, 1984.


Attorney(s) appearing for the Case

Wilson, Engstrom & Vowell by Stephen Engstrom, Little Rock, for appellants.

Lightle, Beebe, Raney & Bell, Searcy, for appellee.


PURTLE, Justice.

The probate judge for Prairie County admitted a will to probate over appellants' objections that it was procured by undue influence and that the testator lacked mental capacity. Appellants argue here that: 1) the court erred in not shifting the burden of proof; 2) the court erred in allowing an expert witness to testify; and 3) the trial court's findings were clearly erroneous. We agree that the court erred in placing the burden of proof on the contestants...

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