Matter of Estate of Burk

Kathryn E. Burk (decedent) died on April 2, 1989. She is survived by a son, Walter Eberle Burk (Walter), and a daughter, Patty Laverne Burk (Patty). In this proceeding Walter challenges the validity of the will which decedent executed on January 8, 1987. This will, after providing for the payment of debts and funeral expenses, left the remainder of her estate to Patty. Walter's challenge is based on the following grounds: (1) lack of testamentary capacity; (2) undue influence on the part of Patty; and (3) improper execution. The trial court, without a jury, held a hearing on the matters in…