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(DOWNLOAD) "Laverne Robertson v. Thora J. Campbell" by Supreme Court Of Utah # eBook PDF Kindle ePub Free

Laverne Robertson v. Thora J. Campbell

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eBook details

  • Title: Laverne Robertson v. Thora J. Campbell
  • Author : Supreme Court Of Utah
  • Release Date : January 02, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

STEWART, Justice: In a probate action prior to this suit, a will executed by Marinus Johnson, father of both the plaintiffs and defendants, was held invalid by reason of undue influence. The will devised and bequeathed to Thora J. Campbell a disproportionately large share of her fathers estate. Plaintiffs, who are a brother and sisters of Thora Campbell, subsequently filed this action when they learned that their father had conveyed a large part of his estate to a trust, which was executed at the same time as the will, and which divided the property in the same manner as the will did. In this case, plaintiffs attack the trust on the same ground as the will, i.e., that it too was produced by their sister Thoras undue influence. They assert that the prior judgment holding the will invalid because of undue influence by Thora is determinative of the issue of undue influence as to the trust. The trial court rejected this argument and, on the ruling that plaintiffs had failed to meet their burden of proof, dismissed the suit on defendants motion at close of plaintiffs case in chief.


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