Kaiser v. Pearl

DOWD, Chief Judge.

Plaintiffs 1 brought this action contesting a purported will of Jennie Hirshberg’s dated August 10, 1979, in favor of a will dated February 21, 1973, on the ground the second will was executed as a result of undue influence. The trial court declared the contested will valid, finding that the decedent had testamentary capacity at the time she signed the will and that it was not executed due to undue influence.

On Appeal, plaintiffs contend (1) the trial court erred in ruling that they failed to sustain their burden of undue influence, (2) that the court erred in adopting…