UNDUE INFLUENCE. In law, such an in fluence or control exercised over the mind of a testator that his will is practically overpowered, and that he is constrained by it to make some disposition of his property by will contrary to his own best judgment and wishes. here persuasion, appeals to the charity, benevolence, affections, gratitude, or pride, of a testator will not constitute undue influence, unless carried to such an extent that the mind of the testator is virtually overpowered. For example, one of several children may suggest to one of their parents that the latter should bequeath to him a larger share of his property than to the others, and urge as a reason that he labors under some disability rendering him less able to support him self than the others, or that the others have been abundantly provided for by bequests or devises from other relatives, etc. Where a will is contested on the ground of undue influence, the courts will scrutinize very carefully the re lationship which existed between the testator and the beneficiary, and if it was of a confiden tial or fiduciary character, as that of attorney and client, physician and patient, religious eon fessor and confessant, such a fact is regarded as a suspieious eireumstanee, which, taken in con junction with proof of active efforts on the part of the beneficiary to induce the testator to make his will in favor of the former, may give rise to a presumption of undue influence. Ordin:irily,
however, where undue influence is charged, the burden of proof rests upon the party making it. Any person, who would have been a legal heir if the testator had died intestate, may contest his will on the ground of undue influence, and if lie is successful the court will refuse to probate the will. See WILL, and its bibliography.