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eBook details

• Title: Elizabeth D. Simmons v. Susan (Vicky)
• Author : Division 1 Supreme Court of Missouri
• Release Date : January 13, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Action by twin sister and sole heir at law of testatrix against her unrelated beneficiaries to contest the October 25, 1965,
will of Eleanore Miller, deceased. The will devised real estate, and the assets of the estate exceed $75,000 in value. Contestant
sought to submit her case on issues of undue influence and testamentary capacity; the court directed a verdict for proponents
on the issue of undue influence; verdict and judgment were for proponents on the issue of testamentary capacity, and the dispositive
question is whether contestant made a submissible case of undue influence. Accordingly, the evidence will be stated most favorably
to contestant. McCormack v. Berking, Mo., 290 S.W.2d 145, 146[1]. Specifically, the charge of undue influence as a ground of contest is that the will of Eleanore L. Miller "was executed as
a result of undue influence being exercised upon Eleanore L. Miller by the defendant, James Daleo. At the time of the execution
of the purported will the defendant, James Daleo, was actively engaged in the practice of law and stood in a fiduciary relationship
to Eleanore L. Miller as her attorney. The defendant, James Daleo, was active in the preparation of the purported Will which
was prepared in his office and he is named as a substantial beneficiary under the purported will."

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