DUKE v. SHINPAUGH

No. CA 07-229.

276 S.W.3d 713 (2008)

Emilia DUKE, Appellant, v. Joseph Edward SHINPAUGH and Rebekah Shinpaugh Ogle, Administrators of the Estate of Calvin Leeroy Shinpaugh, Deceased, Appellees.

Court of Appeals of Arkansas.

Rehearing Denied April 2, 2008.


Attorney(s) appearing for the Case

Legal Aid of Arkansas, by: W. Marshall Prettyman, Fayetteville, for appellant.

Penix and Taylor, by: Stephen L. Taylor, Springdale, for appellees.


WENDELL L. GRIFFEN, Judge.

Emilia Duke appeals from an order setting aside a deed granting her one acre of property belonging to her late stepfather, Calvin Leeroy Shinpaugh (Mr. Shinpaugh). We hold that the trial court did not err in applying the presumption of undue influence because appellant and Mr. Shinpaugh were in a confidential relationship. Nonetheless, we hold that the trial court erred in 1) excluding a neighbor's testimony that Mr. Shinpaugh intended to...

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