Lee v. Patton

In the first appearance of this cause before this court (Lee v. Patton, 342 So.2d 542) we were concerned with the ruling of the trial judge setting forth the burden of a donee of an inter vivos gift to rebut a presumption of undue influence which arose from such gift. Based on In re Estate of Carpenter, 253 So.2d 697 (Fla.1971) and Majorana v. Constantine, 318 So.2d 185 (Fla.2d DCA 1975) we held:

“ . . . that the donee’s burden of rebutting a properly raised presumption of undue influence relating to an inter vivos gift is only such as to come forward with a reasonable explanation of the…