Martin v. Phillips

This is an appeal from a judgment that set aside four instruments on the ground that their execution resulted from undue influence. The appeal presents questions concerning the elements that give rise to a presumption of undue influence, the standard of proof required to establish those elements, and the burden placed upon the proponents of the instruments when the presumption arises.

Luci Gardner Phillips (Luci) instituted four chancery suits that are the subject of this appeal. The objects of these suits were (1) to impeach the will of Rufus L. Gardner, dated April 22, 1983, and admitted to…