Matter of Estate of Walls

Plaintiffs, the heirs at law of Vern V. Walls (Walls heirs), filed a will contest action alleging (1) the last will and testament of Vem V. Walls (decedent) was the result of undue influence by Cyril DeClercq (Cyril) and Floyd DeClercq (Floyd), brother and nephew, respectively, of decedent’s predeceased wife, Kathryn; and (2) decedent lacked testamentary capacity. The jury returned a verdict for the Walls heirs on the grounds of undue influence. The trial court entered a judgment notwithstanding the verdict (n.o.v.) for the defendants, the DeClercq heirs. On appeal, the Walls heirs argue the…