Wrobbel v. Walda
Decision Date | 30 December 1968 |
Docket Number | No. 1982,1982 |
Citation | 217 So.2d 340 |
Parties | Melville WROBBEL and Helen Wrobbel, individually, and as Co-Executors of the Estate of Susie A. Kelly, Deceased, Appellants, v. Beverly B. WALDA, Doris G. Bailey and John R. Williams, as Administrator ad Litem of the Estate of Susie A. Kelly, Deceased, Appellees. |
Court | Florida District Court of Appeals |
J. Luther Drew, of Ives & Davis, West Palm Beach, for appellants.
Will A. Nason, of Nason, Gildan & Yeager and Adams & Kramer, West Palm Beach, for appellees. Walda and Bailey.
John R. Williams, in pro. per.
This suit was brought by the granddaughters of Susie A. Kelly, deceased. They sought to have set aside purported gifts or transfers made by Mrs. Kelly during her lifetime to the defendants on the ground that the transfers were procured by undue influence and were therefore void.
A fiduciary relationship was found to exist between Mrs. Kelly and defendants, thus creating a presumption of undue influence and placing upon defendants the burden of proving the absolute fairness and voluntary nature of the transfers. 15 Fla.Jur., Gifts, § 23. The trial court further found that defendants failed to carry their burden with clear and convincing evidence that the questioned transfers were free from undue influence. Tallahassee Bank and Trust Company v. Brooks, Fla.App.1967, 200 So.2d 251; Crane v. Stulz, Fla.App.1961, 136 So.2d 238.
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Wrobbel v. Walda.
...534 225 So.2d 534 WROBBEL v. WALDA. No. 38347. Supreme Court of Florida. April 1969. Certiorari denied without opinion. 217 So.2d 340. ...