In Re the Estate of Smith

(dissenting) — I would -affirm the trial court in its decision in these actions. That decision was based upon a finding that a presumption of undue influence on the part of Lewie Williams, participated in by his secretary, Marie Afflerbaugh, was not rebutted by the proponents of the will. In finding that such a presumption was raised, the trial court took into account the following factors:(a) the age and physical condition of the testator;(b) the extremely close fiduciary and confidential relationship existing between the testator and Lewie Williams and between the testator and Marie…