KRISCHBAUM v. DILLON

No. 89-1585.

58 Ohio St. 3d 58 (1991)

KRISCHBAUM ET AL., APPELLANTS AND CROSS-APPELLEES, v. DILLON ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided March 13, 1991.


Attorney(s) appearing for the Case

Firmin, Sprague & Huffman Co., L.P.A., John C. Firmin and Thomas P. Kemp, for appellants and cross appellees.

Hackenberg, Beutler & Rasmussen and Robert A. Beutler, Jr., for appellees and cross-appellants.


FAIN, J.

The principal issue in this case is whether a rebuttable presumption of undue influence should arise whenever an attorney, unrelated to a testator by blood or marriage, prepares a will in which he or she is named as a beneficiary. We answer this question in the affirmative.

I

We start by considering the contestants' fourth proposition of law, in which they contend that a presumption of undue influence arises whenever an attorney at law assists...

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