Estate of Phillips

The trial court found there was no evidence of improper execution of the will of January 4, 1960. It found that on that date testatrix had the capacity to make a testamentary disposition of her property. It also found that although Harold and Sylvia Lena did have the opportunity to exercise undue influence and the terms of the will were consistent with such an allegation, the appellants failed to prove the Lenas were disposed to exercise undue influence or that testatrix would have been susceptible to such influence.

The findings of the trial court must be affirmed unless they are contrary to…