Langston v. Williams

ON WRIT OF CERTIORARI

DICKINSON, Presiding Justice,

for the Court:

¶ 1. A wife created joint tenancies with her husband in a parcel of real estate and a certificate of deposit. After the wife’s death, the chancery court found that, because a confidential relationship had existed between the decedent and her husband, the burden of proving the absence of undue influence fell on the husband. Then, finding that the husband had failed to carry that burden, the chancellor set aside the husband’s survivorship rights in the parcel and certificate of deposit.

¶2. Generally, courts presume that a…