Carter v. Williams

In this suit to impeach a will on the grounds of undue influence and fraud, the principal issue on appeal is whether the trial court erred in striking the contestants’ evidence and entering summary judgment in favor of the proponents of the will. Resolution of this issue requires a determination whether the evidence gave rise to presumptions of undue influence and fraud that operated to shift to the proponents of the will the burden of going forward with the evidence.

I

The suit was instituted by Helen C. Carter and others, heirs at law of the testatrix, Mary A. Thompson (contestants), against…