Matter of Estate of Smith

AMUNDSON, Justice.

In Matter of Estate of Smith, 481 N.W.2d 471 (S.D.1992) (Smith I), this court found a confidential relationship existed between decedent Smith and appellant Merry Lambson (Lambson) and remanded the matter to the trial court for reconsideration. On remand, the trial court invalidated Sidney Smith’s will and other transactions on the basis of undue influence exercised in its preparation. Lambson. appeals from the remand decision. We affirm.

FACTS

The facts of this case are set forth in Smith I, 481 N.W.2d 471. In Smith I, this court shifted the burden to Lambson to show by a…