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Horton v. Hendrix

The plaintiff bore the ultimate burden of proving undue influence, despite the presumption of undue influence that may have arisen regarding her mother's property transfers dominate fiduciaries while in an allegedly weakened mental condition.

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In this action alleging that a trust agreement and related deeds were executed as a result of undue influence, plaintiff Susan Horton appeals the jury’s verdict and resulting judgment that the signatory was not unduly influenced. She argues that the court improperly instructed the jury and erred in several evidentiary rulings. Discerning no error, we affirm. Construed in favor of the verdict, R. O. C. v. Estate of Bryant ,1 the evidence shows that Susan was one of three adult children born to her parents. After her father died, Susan became dissatisfied with her mother’s administration of the father’s estate and petitioned the probate court to remove the mother as executrix of estate. That suit was settled through an agreement in which Susan conveyed to the mother any rights Susan had to the father’s estate in exchange for an income-producing property from the estate.

Upset over Susan having brought the suit against her, and convinced that Susan had now received a fair inheritance from her parents’ assets, the mother in 1987 executed a first will in which Susan would receive only a very small portion of the mother’s personal assets with nothing to come from those assets inherited by the mother from the father. Based on similar considerations, the mother in 1995 executed a second will, this time giving all of the estate to her son George Hendrix, Jr., with nothing to Susan or to the mother’s other daughter. The mother had an oral understanding with George that he would care for the other daughter from the estate’s assets.

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