In re Estate of Clinger

The decedent in this case died in 2011. The contestants of her will objected to the petition to admit to probate either the decedent’s February 2011 will or her August 2001 will, alleging that the wills were invalid because the decedent lacked testamentary capacity and because the devises were the result of undue influence. After a trial, the jury found that the 2011 will was valid. The Court of Appeals affirmed. The Supreme Court affirmed, holding (1) the district court properly refused to instruct the jury regarding a “presumption of undue influence”; and (2) the district court did not abuse its discretion responding to a jury question or in admitting, in part, a video of the execution of the 2001 will. View "In re Estate of Clinger" on Justia Law