McPeak v. McPeak

The defendant’s late husband executed a change of beneficiary form regarding an insurance policy shortly before his death, making defendant the beneficiary. The plaintiffs, the deceased’s children by a prior marriage, had been the previous beneficiaries. They brought this action, claiming that at the time he signed the change of beneficiary form the deceased lacked the mental capacity to understand his actions, and that the defendant used undue influence to secure execution of the form.

The case was tried before a jury, which returned a verdict in favor of the plaintiffs. However, the…