Parson v. Miller

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In this appeal of a judgment in a will contest the Supreme Court reversed the judgment of the trial court denying Defendant’s motion to strike the evidence and holding that the evidence was sufficient as a matter of law to support the jury’s verdict that the will was the result of undue influence, holding that the trial court should have granted Defendant’s motion to strike the evidence at the close of all evidence.The complaint in this case sought to impeach a will on the grounds of lack of testamentary capacity and undue influence. At the close of the evidence Defendant filed a motion to strike the evidence. The trial court granted the motion to strike as to testamentary capacity but overruled it as to undue influence. The jury returned a verdict in favor of Plaintiff. The Supreme Court reversed, holding that Plaintiff’s evidence was insufficient as a matter of law to support an allegation of undue influence. View "Parson v. Miller" on Justia Law