In Re the Estate of Howard D. Smith, Deceased, Shaun Murray, v. Jennie C. Smith, Individually and as Conservator for Howard D. Smith and Western Surety Co., Manufacturer

This case involves an alleged breach of fiduciary duty by the conservator of an estate. After a bench trial, the trial court held that the plaintiff had failed to prove a breach of fiduciary duty. We find that the trial court misapplied the burden of proof and reverse the trial court’s decision.