- T was married 3 times
- From 1st marriage she had son, Julian, who died in 1949, and was father of Ps (Julian, Julia, and Alice)
- T married Mr. Lipper (deceased) and had 2 children (Ds, Frank and Irene)
- T married Mr. Block and had no children (Block post-deceased T)
- T executed will in January 1956 with the help of Frank, an attorney
- Frank was a beneficiary and the Independent Executor of will (no bond)
- Frank lived next door to T and had a key to her house.
- Will was witnessed by 2 former associates of Frank
- Will was not read to T prior to her signing of it.
- T did not discuss will w/ anyone at time she executed it.
- The bulk of the estate was devised to Ds
- $7,000 was to be deducted as an advance from Irene’s share and $9,300 was to be deducted as an advance from Frank’s share
- Nothing was to be considered an advance to T’s deceased son Julian
- Will had no contest clause
- Had paragraph disclaiming any influence held by Ds and explaining why nothing was left to Ps
- T claimed in will Ps had been distant and unfriendly
- T died 22 days after will was executed
- Will contested on the grounds of undue influence
- Whether there is any evidence of undue influence on a will that is written by a lawyer who is also a beneficiary of the will
- Will contestants must prove that the will as written resulted from the D substituting his mind and will for that of T.
- Frank bore ill-will to dead half-brother
- There is evidence the recitations in the will about the behavior of the disinherited family were untrue
- Ps offered no direct evidence and relied wholly on circumstantial evidence to show undue influence
- T was of sound mind at time of execution, w/ a strong will and good physical health for her age
- T’s husband died in 1949 and Ps admittedly came about T less often
- A worker in T’s home testified that T had no intention of leaving the Ps anything and would make sure her will espoused such
Ps did establish a confidential relationship existed and that Frank had the motive and opportunity for undue influence