Estate of Hamm v. Jenkins

The will of the aged and partially paralyzed testator, executed on April 4, 1970, devised 90 percent of the near-million-dollar estate to the testator’s male nurse-attendant and his brother.1 The will, admitted to probate by the trial court, is challenged on the ground of undue influence.

Ordinarily the test as to undue influence on a testator is fourfold: (1) Was there opportunity to influence? (2) Was there a disposition to influence? (3) Was there susceptibility to influence? and (4) Was a coveted result obtained? 2

*297However, where the relationship between the testator and principal…