Legal Opinion

In Re Estate of Silva

Arizona Supreme Court

Decided December 22, 1969No. 9664PublishedCited by 4 opinions

1Opinion of the Court

UDALL, Chief Justice.

This is an appeal from an order directing a verdict for the proponents of the will of Marian Silva, in a contest brought by her sister and two brothers, on the grounds of undue influence and lack of testamentary capacity.

Many of the facts are denied, but their truth is not in issue on a motion for a directed verdict made by the will’s proponent. Such motion admits the truth of all of the contestants’ evidence and of all reasonable inferences therefrom. The evidence must be treated in a light most favorable to the contestants and the motion may be granted only where the…

2Cases cited2 opinions

  1. Little v. BrownArizona Supreme Court · 1932
  2. Grand Canyon College v. GomsArizona Supreme Court · 1969

3Cited by4 opinions

  1. Aritex Land Company v. BakerCourt of Appeals of Arizona · 1971
  2. Golleher v. HortonCourt of Appeals of Arizona · 1985
  3. Lazelle v. Estate of CrabtreeCourt of Civil Appeals of Oklahoma · 2009
  4. Rosenberg v. SandersArizona Supreme Court · 2023

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