Jay Garrison v. Pamela Garrison

When someone on his deathbed transfers his property under circumstances where competence may be in question, how should the burden of proof concerning the transfer be applied?

Facts and Procedural History

While on his deathbed, Thomas R. Garrison transferred title on two cars to one of his sons, Jay Garrison. After Thomas’ death, his widow Pamela Garrison as the personal representative of the estate, filed a petition to recover assets. She contested what she deemed inter vivos gifts of the ears to Jay and sought to have them returned to the estate, explicitly disputing Thomas’ competency. Jay…