Rothwell v. Singleton

OPINION

THOMPSON, Judge.

This is a will contest action wherein it is alleged that a holographic will is void because the testator lacked testamentary capacity and the beneficiary exerted undue influence over the testator. The trial court found that because a prior jury found that the testator had testamentary capacity when she executed a different will, the doctrine of res judicata applied and dismissed the claim. As to the issue of undue influence, the trial court directed a verdict in favor of the sole beneficiary, E. Eloise Singleton.

The parties to this action have a lengthy history of…