Wiszowaty v. Baumgard

Plaintiffs Donette Wiszowaty and Celine Stachura appeal the trial court’s order granting summary judgment to defendant Jerrold Baumgard, the executor and principal beneficiary, in an action to set aside a will.

On appeal plaintiffs assert that summary judgment was improper because the evidence raised triable questions of fact regarding the decedent’s testamentary capacity at the time she signed the will and undue influence exerted upon the decedent by defendant Baumgard. Plaintiffs also contend that defendant Baumgard’s affidavit submitted in support of his motion for summary judgment should…