Legal Opinion

In re the Estate of David

Supreme Court of The Virgin Islands

Decided July 31, 1998No. Probate No. 88/1996Published

1Opinion of the CourtSteele, Judge

MEMORANDUM OPINION

A challenge has been brought before the Court disputing the validity of Reginald David's July 25, 1995 Last Will and Testament. Contestant, Wilson David, alleges that the contents of the document in question were the direct result of undue influence exerted *56on the decedent. Proponent, Mary David, maintains that the testament was executed pursuant to the formalities required under Virgin Islands law, and therefore must be enforced. To resolve this conflict, the Court must determine: (1) whether a presumption of undue influence existed at the time the testament was created,…

2Cases cited6 opinions

  1. Victor M. Francois v. A. Jane Francois, George H. Adams and William H. Dick, D/B/A Ad'm Enterprises, a Limited Partnership. Appeal of A. Jane FrancoisCourt of Appeals for the Third Circuit · 1979
  2. Gasper Alvira Cruz, in No. 89-3827 v. Luz Esther Melendez, in No. 89-3828Court of Appeals for the Third Circuit · 1990
  3. Amelia Hines Joseph, by Her Guardian Ad Litem Frank Padilla v. Ernest N. EastmanCourt of Appeals for the Third Circuit · 1965
  4. Gautier v. Gonzales-LatimerSupreme Court of The Virgin Islands · 1990
  5. Wilkinson v. SimmonSupreme Court of The Virgin Islands · 1996

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