Soares v. Gifford
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The Supreme Court affirmed the judgment of the probate court denying the motion for an order to show cause filed by Cynthia Soames, the personal representative of her brother's estate, against Dick Gifford, the estate's previous personal representative, holding that the probate court did not err.
In her motion, Soames argued that certain items went missing from the estate while Gifford was personal representative and requesting that Gifford account for those items. The probate court denied the motion after a hearing, thus declining to hold Gifford in contempt, finding that Gifford's testimony was credible and that Soames did not meet her burden of proving that Gifford took and failed to return the items. The Supreme Court affirmed, holding that the court did not err when it determined that Gifford's testimony was credible.
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