Palmer v. James

STREIT, Judge.

The plaintiffs appeal a district court ruling dismissing them petition to set aside decedent’s transfer of assets before death and decedent’s will based on undue influence and testator’s lack of testamentary capacity.

Karl Baessler was 106 years old when he died testate on January 3, 1994. His wife, Bertha, and only son, Keith, predeceased him. His June 5, 1991 will was admitted to probate by his sole surviving child, Charlene James. Beneficiaries under the will were Charlene, and ten grandchildren, including the plaintiffs, Penelope Palmer, Michael Baessler, Kristine Palmer,…