Thursday, December 8, 2011

Court reviews whether the appellant successfully rebutted the presumption of undue influence

IN RE: THE ESTATE OF FRANKLIN STEADMAN MURDAUGH, BARBARA MURDAUGH WARNER v. RUDY W. YOUNG (Tenn. Ct. App. December 8, 2011)

This case arises from a will contest. Appellant, the executor and sole beneficiary of the contested will, appeals the trial court's finding that Appellant did not meet his burden to rebut, by clear and convincing evidence, the presumption of undue influence based upon the existence of a confidential relationship between Appellant and Decedent. Finding no error, we affirm.

Full opinion available at:
http://www.tba2.org/tba_files/TCA/2011/murdaughf_120811.pdf