Lee v. Patton

HUBBART, Judge.

This is an action to set aside certain inter vivos gifts on the ground of undue influence. Judgment was entered cancelling such gifts and the donees of the gifts appeal. The question presented is concerned with the burden imposed on the donee of an inter vivos gift to rebut a presumption of undue influence which may arise from such a gift.

*543Winifred Lee died leaving a will in which the plaintiff Stuart Patton was named as executor of the estate. The will was admitted to probate and letters testamentary issued to Stuart Patton. Mr. Patton thereafter discovered that the estate had…