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WROBBEL v. WALDA

No. 1982.

217 So.2d 340 (1968)

Melville WROBBEL and Helen Wrobbel, Individually, and As Co-Executors of the Estate of Susie A. Kelly, Deceased, Appellants, v. Beverly B. WALDA, Doris G. Bailey and John R. Williams, As Administrator Ad Litem of the Estate of Susie A. Kelly, Deceased, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied January 29, 1969.

Attorney(s) appearing for the Case

J. Luther Drew, of Ives & Davis, West Palm Beach, for appellants.

Will A. Nason, of Nason, Gildan & Yeager and Adams & Kramer, West Palm Beach, for appellees. Walda and Bailey.

John R. Williams, in pro. per.

PER CURIAM.

This suit was brought by the granddaughters of Susie A. Kelly, deceased. They sought to have set aside purported gifts or transfers made by Mrs. Kelly during her lifetime to the defendants on the ground that the transfers were procured by undue influence and were therefore void.

A fiduciary relationship was found to exist between Mrs. Kelly and defendants, thus creating a presumption of undue influence and placing upon defendants the burden of...

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