Stover v. DavisAnnotate this Case
Marquan Stover moved to contest the second codicil to his great aunt Tamora Robinson’s last will and testament, alleging that the second codicil was the product of undue influence by Robinson’s sister Elaine Davis. After a hearing, the Chancery Court found no undue influence and dismissed Stover’s motion to contest. Stover appealed, arguing that the chancellor had erred by not requiring Davis to rebut the presumption of undue influence and that the decision was not supported by substantial, credible evidence. The Court of Appeals issued a plurality decision, affirming the ruling of the chancellor. The Mississippi Supreme Court granted Stover’s petition for a writ of certiorari, and held that the court must find by clear and convincing evidence that a presumption of undue influence, which arises when a confidential relationship is coupled with suspicious circumstances, is rebutted. Therefore, the Supreme Court reversed the decisions of the Court of Appeals and of the chancery court, and remanded for further proceedings.