Estate of Townes v. Townes

ROBERT E. MORSE, Jr., Former Justice,

dissenting.

I respectfully dissent. I would not reverse and remand this action. Rather, I would affirm the judgment in favor of Michael’s Estate as to all of Michael’s alleged misappropriations except the $83,650 withdrawal from the cash management account (CMA). As to the latter, I would reverse and render judgment for $83,650 against Michael’s Estate.

*421I. Perspective

Two main considerations influence my dissent. The first is my concern regarding the imposition of a presumption of unfairness on Michael’s Estate under the circumstances of this case, i.e.,…