Nichols v. Estate of Tyler

OPINION

BROWN, Judge.

James Nichols appeals a judgment in favor of Maureen Utley, personal representative of the Estate of Ernest M. Tyler. Nichols raises two issues, which we revise and restate as:

I. Whether the trial court erred when it concluded that Ernest Tyler was incompetent on February 8, 2005 to convey real property; and

Whether the trial court erred by determining that Nichols failed to rebut the presumption of undue influence over Ernest Tyler with regard to a real property transfer.

We affirm.

The facts most favorable to the judgment follow. Seventy-eight year old Ernest Tyler had…