in re tucker

Attirned by 20l) VT SH (3120/11) | FILED | STATE OF VERMONT | MAY 08 2099 | ORANGE COUNTY | | ORANGE SU & SUPERIOR COURT 2 COURT | ) In re: Estate of Orville Tucker ) Orange Superior Court ) Docket No. 248-12-05 Oecy DECISION Appellant’s Motion for Preliminary Ruling on Burden of Proof The present question before the court in this probate appeal is whether the presumption of undue influence potentially applies in a case where the proponent of the will was both the daughter of the testator and his legally-appointed guardian. The relevant facts for the purposes of this opinion are that (1)…