In re Estate of Saucier
Mississippi Court of Appeals
908 So. 2d 883 (2005)
- Written by Sean Carroll, JD
Facts
When Jerry Saucier (Jerry) died, two wills were submitted to probate. The first will left the majority of Jerry’s estate to his son. The second will left Jerry’s entire estate to Susan Tatum (defendant). Tatum was Jerry’s caretaker and girlfriend, and the two had discussed plans to marry. Tatum helped Jerry prepare the second will and was present when he signed it. James Saucier (James) (plaintiff), Jerry’s father, contested the second will, claiming that it was the product of Tatum’s undue influence. At trial, employees of the bank where Jerry signed the second will testified that Jerry seemed of sound mind and that Tatum did not appear to be an overbearing force in the will’s creation or execution. The Chancery Court of Forrest County found that Tatum successfully rebutted the presumption of undue influence. James appealed.
Rule of Law
Issue
Holding and Reasoning (Ishee, J.)
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