Nicholson v. Shockey

The controlling issue in this case is, as the majority opinion states, whether the finding of the trial court is contrary to the law and the evidence. Admittedly, there is evidence in support *285of the chancellor’s conclusion. It clearly is not incredible. There is no evidence of actual fraud. At most, there are circumstances sufficient to create a presumption of constructive fraud, a rebuttable presumption. The law is not in dispute. The burden of proof was on the appellee to overcome the presumption that the alleged gifts to him from his mother were constructively invalid because of the…