Smith v. Liney

SEARS, Chief Justice.

This case involves a contest over the will of Patty Scherzer, who died on September 30,2003. On July 29, 2003, Ms. Scherzer executed a will that left the appellant, Ralph Smith (Scherzer’s son), only a few personal items and left the bulk of the estate to the appellee, Sherry Liney (Scherzer’s daughter). Liney petitioned to admit the July 29, 2003, will to probate, and Smith filed a caveat on the grounds that Scherzer lacked testamentary capacity and that the will was the result of the undue influence of Liney. After a jury was unable to reach a verdict, the trial court…