Cooper v. Zold

The main issue is whether the court’s failure to find undue influence on the part of the primary beneficiary was contrary to the great weight and clear preponderance of the credible evidence. A corollary issue is whether the trial court failed to recognize the inference of undue influence which the appellant claims was established as a matter of law by undisputed evidence. There are minor subsidiary issues which will be stated later.

The parties do not disagree on the basic law governing proof of undue influence or the scope of the appellate power in such cases. Undue influence, of course, as…