BAILEY v. TURNBOW

Record No. 060713.

639 S.E.2d 291 (2007)

Gilbert R. BAILEY v. Linda D. TURNBOW, Executrix of the Estate of Annerbell Brewer.

Supreme Court of Virginia.

January 12, 2007.


Attorney(s) appearing for the Case

Michael L. Donner, Sr. (Weinberg & Stein, Norfolk, on briefs), for appellant.

Leo F. Sharpe, Jr., Portmouth, for appellee.

Present: HASSELL, C.J., LACY, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.


Opinion by Senior Justice CHARLES S. RUSSELL.

In this case, the chancellor held that a deed to real property had been procured by undue influence and set the deed aside. That holding was premised upon the chancellor's finding that a confidential relationship existed between the grantor and the grantee, giving rise to a presumption of undue influence, which the grantee had failed to rebut. This appeal questions the sufficiency of the evidence to support that finding...

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