Rempelakis v. Russell

Following the death of Fanny Kouvarakis,2 the proponent, McKinney Russell, filed a petition for probate of her will dated April 24, 2001, together with a request that he be appointed executor of the decedent’s estate. Six first cousins of the decedent, including the appellant, Kalliope Rempelakis, filed objections to the will and appointment, alleging lack of testamentary capacity and undue influence.3 Subsequently, Rempelakis commenced a separate suit in equity against Russell in which she likewise alleged absence of testamentary capacity and use of undue influence in connection with the…