Marquan D. Stover v. Elaine G. Davis

Summary

The Supreme Court of Mississippi considered whether a second codicil to Tamora G. Robinson's will was the product of undue influence by her sister and conservator, Elaine G. Davis. The court held that a confidential relationship coupled with suspicious circumstances raised a presumption of undue influence, requiring Davis to rebut it by clear and convincing evidence. The court reversed the Court of Appeals and chancery court and remanded for further factfinding.

Holdings

1. A presumption of undue influence arose because Davis was Robinson's conservator, creating a confidential relationship, and the undisputed evidence showed suspicious circumstances, including Robinson's dementia, Davis's involvement in preparing the codicil, and changes benefiting Davis.
2. Once a presumption of undue influence arises, the proponent of the will bears the burden of rebutting it by clear and convincing evidence.
3. Remand was required because the chancellor failed to determine whether Davis rebutted the presumption under the three-part test and instead incorrectly found that Stover had not met his burden.

Questions Presented

1. Whether the evidence established a confidential relationship and suspicious circumstances sufficient to raise a presumption of undue influence.
2. Whether the proponent of the will and codicil had the burden to rebut the presumption of undue influence by clear and convincing evidence.
3. Whether the chancery court erred by placing the burden on Stover to prove undue influence and by failing to make findings under the applicable three-part rebuttal test.

Disposition

reversed_and_remanded