Matter of Estate of Kelly

This appeal follows a jury finding of undue influence and lack of testamentary capacity in a will contest action. We conclude the district court improperly admitted evidence at trial which resulted in prejudice. We reverse the judgment and remand for a new trial.

Velma Bortz Kelly died October 15, 1993. She was 89 years of age. Three days after her death, Greene County Medical Center filed an objection to probate. The Medical Center was a residual beneficiary of a farm under a 1949 joint will between Velma and her first husband. This will was probated in 1952 following the death of Velma’s…