Birman v. Sproat

This appeal concerns the resolution of a will contest action in the Miami County Court of Common Pleas, Probate Division. Appellant, Constance Birman, appeals from the trial court’s decision granting summary judgment to Frances Sproat et al., appellees.

This action began with a complaint by Birman to contest the last will (and codicil) of Vearl N. Sproat, deceased. She alleged that she was the daughter and heir at law of the deceased and that he lacked testamentary capacity to execute the will and that the execution of the will was procured by undue influence of the named executrix Frances…