Legal Opinion

Sarah Hodnett v. Timothy Hodnett

Court of Appeals of Mississippi

Decided April 17, 2018No. 2016–CA–00885–COAPublishedCited by 3 opinions

1Opinion of the Court

FAIR, J., FOR THE COURT:

¶ 1. Tim Hodnett sued his sister, Sarah Hodnett, to set aside a deed to the family farm from their mother to a revocable trust. The trust named Sarah as the sole beneficiary upon her mother's death. The chancery court found that Sarah, who had acted as her parents' attorney for many years and had prepared all of the various instruments involved in these transactions, had been in a confidential relationship with her mother when the deed was executed, raising the presumption that it was the product of undue influence. Sarah failed to rebut that presumption by clear and…

2Cases cited22 opinions

  1. Donald v. Amoco Production Co.Mississippi Supreme Court · 1999
  2. Krischbaum v. DillonOhio Supreme Court · 1991
  3. Madden v. RhodesMississippi Supreme Court · 1993
  4. Norris v. NorrisMississippi Supreme Court · 1986
  5. Greenlee v. MitchellMississippi Supreme Court · 1992

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3Cited by3 opinions

  1. Patsy B. White v. William T. White d/b/a Royers Estates Inc.Court of Appeals of Mississippi · 2020
  2. Roy Hal Parker, Jr., as Conservator of the Estate of William Matthew Ross, a vulnerable adult and incompetent to manage his affairs; James Hal Ross, Jr.; and Jason Hurdle Ross v. Suzanne Dickson Ross, Individually, as Trustee of the James Hal Ross Revocable Trust, as of the Estate of James Hal Ross, and as Member/Manager of H and S I, LLC, H & S II, LLC, H & S III, LLC, and H & S IV, LLC; H and S I, LLC; H & S II, LLC; H & S III, LLC; H & S IV, LLC; Thomas W. Dallas; Fred M. Harrell, Jr.; Pinnacle Trust Company Inc.; Pinnacle Holding Company, LLC d/b/a Pinnacle Trust Company; and Pinnacle Holding Company Inc.Court of Appeals of Mississippi · 2022
  3. William T. White and William T. White d/b/a White Haul Transport, Inc. v. Patsy B. WhiteCourt of Appeals of Mississippi · 2022

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