In Re Will of Cooper

81 S.E. 161, 166 N.C. 210, 1914 N.C. LEXIS 368

• Court: Supreme Court of North Carolina
• Decided: March 25, 1914
• Status: Published

Opinion

Pee Cubiam.

Tbe assignments of error relate to tbe charge of tbe court. We have examined tbe charge, and find no substantial error that in our opinion necessitates another trial.

Tbe position of tbe learn'ed counsel for caveator that tbe burden of proof under tbe facts of this case is on tbe propounder, tbe wife of the testator, to rebut tbe presumption of undue influence, is untenable.

“Tbe fact that a man bequeaths- bis estate to bis wife, excluding bis children and other relatives, is absolutely immaterial upon tbe question of undue influence. Tbe silent influence of affection and respect, augmented by tbe tender and kindly attention of a faithful wife, cannot be regarded as in any sense undue influence.” Underhill on Wills, 212; In re Peterson, 136 N. C., 28.

The Everett case, 153 N. C., 86, has no application here, where tbe wife is the beneficiary.

No error.