Parson v. Miller

Parson v. Miller

Record No: 171393 Parson v. Miller 12/20/2018 (As published by the Virginia Supreme Court) In a will contest action brought by a daughter of the decedent alleging that a niece of the decedent – who was named the beneficiary of his residuary estate – had exercised undue influence over the testator, considering all of the evidence adduced at a two-day jury trial it is clear that the contestant of the will was entitled to a presumption of undue influence, and the trial court did not err in so finding. However, the trial court erred in refusing to grant the defendant’s motions to strike the evidence because the proof was insufficient as a matter of law to support a finding by the jury that the will was the result of undue influence. The judgment is reversed and the case is remanded for probate of the will.