Barber v. Johnston

In this will contest case the three children of decedent challenge the will admitted to probate. They contend decedent lacked testamentary capacity and the will was the product of undue influence exerted by decedent’s uncle, Dwight Johnston, the personal representative of the estate. The court admitted the will to probate and the contestants appeal. Our review is de novo.

Decedent, Cherie Barber, who was 39 years old at her death, had a long history of emotional disorders from 1965 until her death by suicide in March, 1976. She had been placed in hospitals for treatment of her emotional…