In the Matter of the Estate of LILLIE J. MILLER, Deceased. JAMES C. MacFARLANE et al., Appellants, v. WILLIAM FARWELL, as Executor, etc., Respondent

Holding

The court held that the executor, William Farwell, failed to overcome the presumption of undue influence arising from a fiduciary relationship, and that the purported inter vivos gift of the decedent’s assets was therefore invalid and must be included in the estate’s accounting.