Arnold v. Dubose

¶ 49. The majority finds that there was sufficient evidence to rebut the presumption of undue influence. Since that evidence was the testimony of the beneficiaries alone, I find it to fail of the requirement that the necessary evidence be from disinterested sources. Viewed from that necessary perspective, there was no evidence overcoming the presumption. I respectfully dissent.

¶ 50. The supreme court has not always focused on whether the evidence necessary to rebut a presumption of undue influence must be from disinterested parties. In recent case law it has, however. In fact, once the nature…