Dominguez v. Duran

EVANS, Justice.

This will contest was instituted by John G. Duran, Jr. and Jerry Lee Duran, a minor, to set aside the probate of the will of their father, John Duran, Sr. on the grounds of lack of testamentary capacity and undue influence. The proponents of the will, defendants below, were Rupert Dominguez, testator’s nephew, and Fred Duran, a brother of the testator.

The case was submitted to a jury which rendered a verdict in favor of the contestants, finding both lack of testamentary capacity and undue influence. The trial court set aside the finding of undue influence and rendered judgment…