Bervid v. Dunn

In these cases consolidated for trial, appellant, the petitioner in the court below, appeals an order (1) denying her petition for revocation of probate of the will of the decedent, and (2) dismissing her complaint with prejudice to set aside a Quitclaim deed executed by appellant whereby she re-conveyed certain property to the decedent.

The judge found that the decedent possessed testamentary capacity on the date of the execution of the will and also found that no confidential relationship existed between the decedent and the beneficiaries under the will. The determination of these factual…