Shore v. Malloy

Benham, Chief Justice.

When Era Marie Allen Shore passed away in April 1993, she left a last will and testament which named as executrix her daughter, appellee Era Marie Shore Malloy. Appellee offered the will for probate and her brother, appellant Roy Allen Shore, Jr., filed a caveat in which he asserted the proffered will was invalid due to the testatrix’s lack of testamentary capacity; the undue influence of appellee/propounder over the testatrix in the making of the will; and a mistake of fact under which the testatrix operated in making her will. A five-day jury trial was held in the…