Baldwin v. Shay
This text of 43 P. 934 (Baldwin v. Shay) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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[667]*667The opinion of the court was delivered by
The respondents offered the purported will of Lena Shay Baldwin to probate and moved its admission. The appellant objected on the ground of lack of jurisdiction. Formal proof was made by the proponents, excepting no proof was offered to show the deceased was of sound mind when the will was made, and appellant moved the rejection of the will for this reason. The court denied the motion and admitted the will. The general rule that all persons are presumed sane until the contrary appears, upon which, the court evidently based its ruling, does not apply in matters of this kind. There must be sufficient proof to make out a prima facie case of the sanity of the testator at the time the will was made as one of the jurisdictional facts.
Reversed.
Anders, Dunbar and Gordon, JJ., concur.
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Cite This Page — Counsel Stack
43 P. 934, 13 Wash. 666, 1896 Wash. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-shay-wash-1896.