Loomis v. Estate of Davenport

This is an appeal in a proceeding to contest a paragraph of the will of Jessie Alwena Garfield, deceased. The plaintiff, Margaret Loomis, a residuary beneficiary, alleged the devise and bequest made in paragraph “second” of the will was the result of undue influence. There was no issue concerning due execution of the will or testamentary capacity. At the close of the evidence the trial court sustained the motion of the defendant to admit the will'to probate in its entirety. The plaintiff has appealed.

The deceased died on January 11, 1973. -She was a single person and had been handicapped…