Will Contest Dismissed and Settlement Denied

Claim of undue influence was properly rejected when Orphans’ Court found that the decedent did not suffer from a weakened intellect and the alleged influencer did not have a confidential relationship with the decedent. Summary judgment on lack of testamentary capacity was proper when evidence of brain injury showed decreased mental acuity but nothing to support findings that the decedent was unaware of the natural objects of his bounty, the composition of his estate, or what he wanted done with his estate. FInally, the court had the discretion to reject the settlement agreement when it provided no direct benefit for the grandchildren who were the primary beneficiaries under the will. In re: Estate of Michael E. Lehman, 341 MDA 2022 (Pa. Super. 7/24/2023) (non-precedential).

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