Undue Influence and Lack of Testamentary Capacity

Decedent died several weeks after executing a new will that disinherited natural son and deceased daughter in favor of step-son, and the will was probated.  In an appeal from probate alleging lack of testamentary capacity and undue influence, the court held that decedent was cognitively able to execute will and unable to be unduly influenced.  Cavanaugh Estate, 2 Fid. Rep. 3d 488 (O.C. Monroe 2012) (Opinion by Williamson, J.)


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