Stewart v. Shoemake

McDONALD, Chief Justice.

On January 7, 1947, Dan Stewart, since deceased, executed a will, which has been probated in Arizona, in which appellee Hocker was named as the sole beneficiary. On August 11, 1947, Dan Stewart executed a trust indenture in which certain property was conveyed to trustees for purposes therein set out. This suit involves, in part, an undertaking by appellee Hocker to set aside the trust indenture on the ground that the execution of it was procured by undue influence on the part of the beneficiaries. On a jury finding of undue influence judgment was rendered declaring the…