Lomax v. Raythwick

DANIEL S. PEARSON, Judge.

The order under review denying appellant’s petition for revocation of probate, which asserted that his father’s will was *287procured by undue influence,1 is affirmed upon a holding that even if, arguendo, Laura Raythwick, the decedent’s sister and a person active in procuring the contested will, be deemed to have occupied a confidential relationship with the decedent and, by virtue of a devise in her favor of a one-sixth share of her brother’s estate, be deemed to be a substantial beneficiary, thereby raising a presumption of undue influence, there is ample evidence to…