In re Estate of Gersbach

ORIGINAL PROCEEDING ON CERTIORARI W. Byron Caton, District Judge {1} Tom Warren appeals from a decision of the Court of Appeals affirming the trial court's judgment in favor of Mae Gersbach. The trial court granted Mrs. Gersbach's petition to declare a portion of her husband's will void as a result of undue influence. In voiding a portion of the will, the trial court found that Mr. Gersbach and Warren had a confidential relationship, and that several suspicious circumstances surrounded a devise to Warren. The suspicious circumstances identified by the trial court included secrecy on Mr. Gersbach's part and the fact that in a prior will Mr. Gersbach had made a different Disposition of the property at issue. The trial court concluded that ""[t]he existence of the confidential relationship, coupled with the suspicious circumstances gives rise to a presumption that the devise . . . in the [later] will was a result of the undue influence of Tom Warren . . . ."" We hold that Mrs. Gersbach did not present sufficient evidence to support the finding of secrecy and that the remaining findings do not support a presumption of undue influence. We conclude that Mrs. Gersbach did not satisfy her burden of proof at trial, and we therefore reverse and remand. I.