MARTIN v. PHILLIPS

Record No. 850043.

369 S.E.2d 397 (1988)

Callie L. MARTIN, et al. v. Luci Gardner PHILLIPS, et al.

Supreme Court of Virginia.

June 10, 1988.


Attorney(s) appearing for the Case

Trenton G. Crewe, Jr., Stuart B. Campbell, Jr., Wytheville, Robert J. Wishart; Diana L. Evans, Burlington, N.C., Campbell, Young & Crewe, Wytheville, Wishart, Norris, Henninger & Pittman, Burlington, N.C., on briefs, for appellants.

Thomas M. Jackson, Jr., Joseph H. McGrady, Hillsville, Richard D. Rogers, Jr., Stuart, Wayne Hartke; Paul V. Hartke, Falls Church, McGrady & Jackson, Hillsville, Rogers & Anthony, Stuart, Hartke & Hartke, Falls Church, on briefs, for appellees.

Present: All the Justices.


STEPHENSON, Justice.

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...

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