Lipper v. Weslow

369 S.W.2d 698 (1963)

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Nature of the Case

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Facts

Sophie Block, age 81, executed a will 22 days before she died that left her estate to her two surviving children. The will specifically disinherited three of her grandchildren who were descendants of a son who had died some years before. The will had been prepared by her son, Lipper (D), who was a lawyer and stood to benefit from an increased share if the grandchildren were excluded. Sophie died, and the three grandchildren charged D with undue influence. They contended that the disinheritance clause was inserted by D because he never liked his deceased brother. It was shown the D lived next door and had a key and easy access to Sophie and that he stood to gain from the exclusion. There was evidence that D bore malice against his brother and that D wrote the will and it was not read to Sophie before she signed it. A jury found that the will was the result of undue influence. D appealed; there was no factual basis for such a finding.