Sandra Kaye Kemp Parish, et al. v. Jerry Donald Kemp, et ux.

This case comes to us as an intra-family dispute over the validity of a nonagenarian’s inter vivos gifts and will devises. After this Court held that there was a presumption that Defendants had unduly influenced the decedent, the trial court found upon remand that the Defendants had overcome this presumption and, therefore, upheld the will conveyances and inter vivos gifts to the Defendants. Because the evidence does not preponderate against the trial court’s finding that Defendants rebutted this presumption of undue influence, we affirm the trial court’s determinations.