Estate of Berry v. Warnes

PRESIDING JUSTICE GREEN

delivered the opinion of the court:

On February 19, 1985, petitioners John Berry and C. E. Berry filed a petition in the circuit court of Douglas County contesting the validity of the codicil to a will of Malissa M. Berry. The codicil and the will had been admitted to probate on June 19, 1984. The petition was based on allegations the decedent lacked testamentary capacity to execute the codicil and did so under the undue influence of respondent G. R. Enright. Following a jury trial, the court entered judgment on July 24,1987, on a verdict upholding the validity of the…