Kiddell v. Labowitz

At issue in this will contest was whether the circuit court erred in instructing the jury as to the existence of the presumption of testamentary capacity. In this case, the decedent bequeathed her dog and a cash gift for the dog's care to Appellant and bequeathed the remainder of her residuary estate to charity. Appellant contended that, under the facts of this case, the presumption disappeared, and it was error to instruct the jury regarding the presumption. The Supreme Court affirmed the circuit court's judgment, holding (1) the presumption of testamentary capacity does not necessary disappear in the face of evidence to the contrary, and moreover, the circuit court did not rule at the motion to strike that the presumption had been rebutted; and (2) therefore, the circuit court did not err in instructing the jury about the presumption. View "Kiddell v. Labowitz" on Justia Law