Woods Practice Evidence for Ready Use in the Trial of Causes

Cover Woods Practice Evidence for Ready Use in the Trial of Causes
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9.
Sec. 52. ] Presumptions. 193 shifted bj showing prior habitual or fixed insanity, or actual in- sanity or other incapacity at the date of the execution of the instrument.^ Also where one is sane for the most of the time and his spells of insanity are transient the burden is upon him who would prove that he was insane at the time he signed a certain contract.^ But insanity in its nature permanent, when once proved to exist, is presumed to continue, and the burden is on the party relying upon
...sanity to prove a lucid interval. * \Miere a person is adjudicated mentally unsound and a guardian is appointed for him this is jjrima facie evidence of want of testamentary capacity, and the burden is upon those who seek to uphold a will made by such a person to show by clear, explicit and satisfactory evidence that at the time it was executed the maker had the requisite de^ gree of mental capacity.^ As the love of life is ordinarily a sufficient inducement for its preservation suicide will not be presumed in the absence of definite proof, but the presumption is against suicide.

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