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ESTATE OF JONES v. JONES

No. 880121-CA.

759 P.2d 345 (1988)

In the Matter of the ESTATE OF Herbert Lee JONES, Deceased, v. Robert Lee JONES, Appellant.

Court of Appeals of Utah.

August 8, 1988.

Attorney(s) appearing for the Case

Stephen D. Swindle, R. Stephen Marshall (argued), Thomas E. Nelson, Salt Lake City, for appellant, Robert Lee Jones, Van Cott, Bagley, Cornwall & McCarthy.

Alan M. Williams (argued), West Jordan, for respondent, Linda Cameron.

Before JACKSON, BENCH and GARFF, JJ.

OPINION

JACKSON, Judge:

Robert Lee Jones appeals from the judgment and order denying his objections to probate of a will drafted by his sister, Linda Cameron, and concluding he was not entitled to a share of his father's estate as a pretermitted child. He presents three principal issues: (1) Should the trial court have presumed as a matter of law that there was undue influence exerted by his sister either because of the mere fact of the father/daughter relationship...

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