CROFT v. ALDER

No. 41278.

237 Miss. 713 (1959)

115 So.2d 683

CROFT v. ALDER.

Supreme Court of Mississippi.

November 16, 1959.


Attorney(s) appearing for the Case

Holcomb & Curtis, Clarksdale; Ben M. Caldwell, Marks, for appellants.

Lomax B. Lamb, Jr., Marks, for appellee, Barney L. Alder.

E.C. Black, Marks; G. Howard Nevils, Tazewell, Tenn.; Blanchard S. Tual, Memphis, Tenn., for appellees, Mary Ann Alder, et als.


ETHRIDGE, J.

This is a will contest, in which for purposes of disposition of the case we consider two issues: (1) Whether the evidence shows that the principal beneficiary was in a confidential and fiduciary relationship with testator at the time of execution of the will; and (2) if so, whether proponents met their burden of proof of showing by clear and convincing evidence that the will was not the product of undue influence...

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