In re Estate of Burren

Testator signed a will naming his attorney as executor, and naming testator's three children and attorney's two children as principal legatees of estate. Testator's children contested the will, and after bench trial court found will invalid and ordered attorney to pay estate $500,000 plus prejudgment interest of $200,000. Evidence raised presumptions that attorney exercised undue influence over testator when testator signed checks payable to attorney and when he signed the will. Attorney failed to rebut presumption, as evidence, which showed some disclosure but no independent advice, no consideration, and no fairness.(HYMAN and PIERCE, concurring.)