Hogan v. Cooper

OPINION

FONES, Justice.

In this suit to set aside a transfer of assets, we granted a T.R.A.P. 11 appeal to examine the question of whether the Court of Appeals was correct in finding that the presumption of invalidity arising out of a *517confidential or fiduciary relationship between assignor, decedent’s widow, and as-signee, decedent’s executor, was not rebutted by clear and convincing evidence of fairness surrounding the transfer of assets. The assets in question, consisting of bonds, savings accounts and certificates of deposit, passed to decedent’s widow, as surviving tenant by the entireties,…