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· 6/17/2022

Fikes v. Estate of Fikes

Citations

  • 2022 Ohio 2075

Syllabus

PROBATE — WILLS — UNDUE INFLUENCE — SUMMARY JUDGMENT — CIV.R. 56: The trial court's grant of summary judgment in favor of defendants, estate and executor, was proper when the evidence sufficiently rebutted the presumption of the executor's undue influence over the decedent, and plaintiff's evidence failed to show any actual undue influence over the decedent. The trial court appropriately found no presumption of undue influence by the decedent's attorney when the attorney was not a named beneficiary in the will.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • declining to reach secondary issues when primary issues are dispositive

Source: CourtListener parenthetical corpus (CC0).

Judges: Bock

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