Hummer v. Betenbough

I agree that even without the Betenbough brothers’ disclaimer and waiver of the right to inherit from their sister, the residuary-clause of the will is invalid because of the undue influence exerted by them on their sister. But, I am convinced that there is no evidence in this case from which it can be said that such undue influence extended to the gift of the home to testatrix’ sister.

The basis of the influence exerted by the brothers is clearly stated in a former decision by this court involving all of the property owned by the testatrix, except the home given to Isa McClish. In Hughes v.…