Schaefer v. Ziebell

In reaching the conclusion just mentioned, the court, it seems to us, was dominated by equitable rather than legal considerations. That a will does not divide an ' estate equitably among those who are the natural objects of the testator’s bounty is not of controlling importance in determining the question of undue influence. Such a will is not to be considered in the light of what the court, in a particular case, deems just or unjust, but rather in the light of what the testator really desired. If a will expresses the *410desires and wishes of the testator and was properly executed by one having…