Price v. Holmes

Petitioner appeals as of right from the probate court’s order dismissing her petition to have declared void certain property transactions between the decedent, Elizabeth Pearl Conant, and respondents.

On appeal, petitioner alleges that a presumption of undue influence existed which respondents failed to rebut. According to petitioner, the probate court erred both in finding that no undue influence existed and in dismissing the petition *496upon the close of petitioner’s proofs since respondents could not have rebutted the presumption of undue influence without presenting their own arguments. We…