In Re the Estate of Smith
Washington Supreme Court
1DissentRosellini, C. J.
(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…
Also in this document: Concurrence.
2Cases cited12 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Estate of LancesCalifornia Supreme Court · 1932
- Wendt v. FischerNew York Court of Appeals · 1926
- In Re Brown's EstateOregon Supreme Court · 1940
- In Re Lobb's WillOregon Supreme Court · 1944
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