Moore v. Smith

COLE, Judge.

In this case, involving testamentary law, we are asked to decide two issues: whether there was sufficient evidence to support a finding of undue influence and, if so, whether the circuit court erred in invalidating the testator’s entire will instead of only that part which was the result of the undue influence. 1

Andrew O. Koontz, the testator in this case, died on October 19, 1985, at the age of sixty-eight. In May 1987, a petition for probate was filed by the Petitioner, Charles Russell Moore, Sr., (Moore), in the Orphan’s Court for Anne Arundel County. Thereafter, the…