Little v. Behnke

Leola Lemke died October 24, 1987. Claude and Joan Little filed a petition seeking: (I) to set aside decedent’s purported last will and testament dated October 23, 1987; and (II) to set aside a quitclaim deed from the decedent to Lola Behnke, dated October 22, 1987. Petitioners alleged that Lola Behnke exerted undue influence upon Leola Lemke which resulted in the preparation and execution of the will and deed.

After the jury was impanelled, but prior to any witness testifying, the court granted Lola Behnke’s motion to sever the trial of count I from the trial of count II. The trial on count I…