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In re Estate of Reid

Supreme Court of Mississippi

825 So.2d 1 (Miss. 2002)

Relevant factsFree

Cupit (defendant), 24, began an intimate relationship with 78-year-old Reid and personally arranged for a deed conveying her home to himself, then helped her draft a holographic will leaving everything to him, later gained her power of attorney, and had her adopt him as an adult child; Pluskat (plaintiff) sought to set aside the deed, adoption, and formal will (a near-duplicate of the holographic will) after Reid's death, and the chancery court found Cupit and Reid had a confidential relationship and that all three transactions resulted from his undue influence.

IssueFree

Whether undue influence is presumed from the existence of a confidential relationship.

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