Nature of the Case
To access this section all you need to do is click here and register.
Facts
Probate of will was denied based on the jury finding incompetence and undue influence. Evidence was presented from medical testimony to prove that Kumstar was competent. The only evidence to claim that Kumstar was incompetent was from the face of the will which bequeathed property to a brother who had been deceased for some time and that Kumstar had omitted small bequests as previously promised from the will. The jury found incompetence. The proponent appealed. The Supreme Court ruled that the evidence was sufficient to raise the issue of incompetence and undue influence. The proponent appealed again.
Support@ bsmsphd.com
Casebriefs Co