In civil cases every person is presumed to have mental capacity1 until the contrary is proved2. However, it is for the executors or other people seeking to set up a will to show that the testator had capacity at the time3.
Where a person has been proved or admitted to have been so mentally disordered as to lack the capacity to make a contract or disposition, such a condition is presumed to continue until it is proved to have ceased, and the burden of proving a recovery or a lucid interval lies on the person alleging it4. It has been
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