Terry v. West

CONOVER, Judge.

I respectfully dissent.

The uncontroverted evidence demonstrates clearly and unequivocally, (a) decedent grandfather breached his trust as guardian, (b) Terry and David's funds were used to purchase the farm real estate in question, and (c) they were to get the farm after Herbert's death. Thus, the evidentia-ry burden shifted to defendants-appellants below and they have failed to prove to the contrary.

The testimony of Linda J. Terry and her husband, Jerry, stands undisputed in this record. When Linda asked her grandfather Herbert, her guardian, in April, 1969, whether he had…