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NOLAND v. NOLAND

No. 96-1555.

956 S.W.2d 173 (1997)

330 Ark. 660

Jerry G. NOLAND and Anita Delores Shaver, Trustees of the Wesley E. Noland Irrevocable Trust, and Jerry G. Noland, Anita Delores Shaver and Helen Lorraine Hooton, Beneficiaries of the Wesley E. Noland Irrevocable Trust, Appellants, v. Claude NOLAND, Appellee.

Supreme Court of Arkansas.

December 4, 1997.

Attorney(s) appearing for the Case

James G. Lingle, Rogers, for Appellant.

Charles E. Davis, Springdale, for Appellee.

BROWN, Justice.

This case raises two issues: (1) whether the trial court erred in shifting the burden of proof to appellants Jerry G. Noland, Anita Delores Shaver, and Helen Lorraine Hooton in an undue-influence case for the reason that they were beneficiaries of a trust and procured its creation; and (2) if so, whether the appellants proved beyond a reasonable doubt that the settlor of the trust, Wesley E. Noland, was of sound mind and free of undue influence when...

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