Olney v. Schurr

DISSENTING OPINION

By SHERICK, J.

It is with considerable chagrin that I find myself unable to exhibit deference towards my colleagues in the judgment entered, except in respect to the conclusion that proof of the issue of mental capacity was not established by a preponderance of the evidence. The judgment is not sustainable upon that issue.

It is my reluctant purpose to state the reasons within me as to why the judgment of the trial court should not be disturbed. This court disproves thereof upon two grounds: First, in that there is no direct substantive proof of undue influence and, second,…