Gersbach v. Warren

OPINION

MINZNER, Justice.

{1} Tom Warren appeals from a decision of the Court of Appeals affirming the trial court’s judgment in favor of Mae Gersbach. The trial court granted Mrs. Gersbach’s petition to declare a portion of her husband’s will void as a result of undue influence. In voiding a portion of the will, the trial court found that Mr. Gersbach and Warren had a confidential relationship, and that several suspicious circumstances surrounded a devise to Warren. The suspicious circumstances identified by the trial court included secrecy on Mr. Gersbach’s part and the fact that in a prior…