Walker v. Walker

Contestant Milton Walker brought this proceeding to contest the validity of the will of his father, Ralph Walker. Proponent Russell Walker is the brother of Milton and the beneficiary of his father’s will. In July 1979, Ralph suffered a stroke that left him partially paralyzed. He could speak only a few words and could no longer write. He executed his will in July 1990. Contestant alleged (1) that his father lacked testamentary capacity when he executed the will; (2) that the will was the product of the undue influence of Russell over his father; and (3) that the will was not validly…