UPMAN v. CLARKE

No. 120, Sept. Term, 1999.

753 A.2d 4 (2000)

359 Md. 32

Lawrence UPMAN et al. v. Kenneth CLARKE et al.

Court of Appeals of Maryland.

June 6, 2000.


Attorney(s) appearing for the Case

J. Brooks Leahy (Dulany & Leahy, LLP, on brief), Westminster, for petitioners.

Howard A. Roland, Baltimore, for respondents.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.


WILNER, Judge.

Under Maryland common law, there are two very different burdens and standards of proof that may be applicable when a gift is challenged on the ground that the donee exercised undue influence over the donor. As we shall explain, when the challenged gift is an inter vivos one—a present gift made during the donor's lifetime—and the person attacking the gift establishes that a confidential relationship existed between the donor and...

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