Trimm v. Davis

Agid, A.C.J.

— Frances arid Thomas Trimm appeal the trial court’s order denying their petition to invalidate the *3611996 will of Lavina Kessler. The Trimms contend that the trial court erred in concluding they did not come forward with clear, cogent and convincing evidence of lack of testamentary capacity, undue influence, fraud and improper execution. They also contend that the trial court erred in finding that they acted without probable cause and good faith in contesting the will on those grounds. Because we defer to the trial court’s assessment of the credibility of the respective…