In Re Will Of Moses

227 So. 2d 829 (1969)

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Nature of the Case

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Facts

Fannie Moses had an affair with an attorney, Holland, who was fifteen years her junior. She suffered from heart trouble, had a breast removed due to cancer, and was an alcoholic during the term of their affair. Three years before her death she made a will devising most of her property to Holland. That will was drafted by independent counsel who had no connection to Holland and who did not inform Holland of the will but who from the evidence presented merely acted as a scrivener. There was no substantive conversation from the attorney drafting the will and Moses over her relations with Holland or for that matter any remaining members of her family. Holland was not present during the actual interfaces with the drafting attorney. She also informed a different attorney, Patterson, just one month prior to her death that her will had been prepared by the independent counsel and it took 2-3 trips to get it right and asked Patterson to keep it for her. After her death, her sister sued to set the will aside on grounds of undue influence by Holland. Undue influence was found, and the will was denied probate. Holland appealed.