Fountain v. Schlanker

PUDLOWSKI, Presiding Judge.

Appellants, proponents of the will of JSamuel Humber, appeal from a judgment setting aside his last will and testament. Respondents initiated this will contest by filing in the Warren County Circuit Court their petition alleging that Humber lacked testamentary capacity at the time the purported will was signed and that the 87 year old decedent executed the document on the date of his death because of undue influence. The case was tried without a jury on the issue of decedent’s mental capacity. The trial court found that the decedent lacked testamentary capacity at…