In Re Estate of Cumbee

How courts have described this case

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

• providing that in an action at law, the circuit court and this court cannot disturb the probate court's findings of fact \unless a review of the record discloses there is no evidence to support them\
• finding in will contest that fiduciary relationship, which created the presumption of undue influence, existed between son and mother where son had mother’s power of attorney and managed her finances
• finding son had a fiduciary relationship with his mother, the testator, because he had her power of attorney and managed all of her finances, including keeping her checkbook
• finding in a will contest that a fiduciary relationship existed between son and mother when son had mother’s power of attorney and managed her finances, which created the presumption of undue influence
• finding a presumption of undue influence existed when the son had a fiduciary relationship with his mother because he was her power of attorney and managed all of her finances
• noting the record contained evidence of undue influence where although testator had access to visitors, her son admitted he monitored her conversations with her other son via a baby monitor and testator created hand signals to communicate with her visitors

Source: CourtListener parenthetical corpus (CC0).