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LEE v. PATTON

No. 76-362.

342 So.2d 542 (1977)

Robert Emmett LEE and Betty Jane Lee, Appellants, v. Stuart W. PATTON As Executor of the Estate of Winifred Stuart Lee, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 1, 1977.

Attorney(s) appearing for the Case

A.M. Schwitalla and Jose M. Quignon, Jr., Miami, for appellants.

Patton, Kanner, Nadeau, Segal, Zeller & LaPorte; Joseph M. Fitzgerald, Miami, for appellee.

Before HAVERFIELD and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

HUBBART, Judge.

This is an action to set aside certain inter vivos gifts on the ground of undue influence. Judgment was entered cancelling such gifts and the donees of the gifts appeal. The question presented is concerned with the burden imposed on the donee of an inter vivos gift to rebut a presumption of undue influence which may arise from such a gift.

Winifred Lee died leaving a will in which the plaintiff Stuart...

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