In Re the Will of Kemp

The trial court properly refused to submit the issue of undue influence. Here, the caveators contend it was shown by the evidence that the testatrix in making the will was unduly influenced by her brother David J. Kemp, who died 13 days before the will was made. It is not suggested that any one except David unduly influenced the testatrix. The caveators rest this exception solely on the theory of the posthumous continuation of undue influence allegedly exerted by the brother during his lifetime. In effect, the caveators contend that the hand from the grave reached up and wrote the will.

Concedi…