Estate of Truckenmiller

Opinion

ROTHMAN, J. *

The administrator of an estate sought to set aside an inter vivos gift which decedent (Truckenmiller) allegedly gave as the result of the undue influence of the gift’s recipients (Mr. and Mrs. Wells). Judgment was rendered for the recipients and against the administrator.^ The administrator appeals, contending that the trial judge erred in refusing to admit testimony at the trial to the effect that decedent told two people before he died that he had been “tricked” into the gift by the recipients.

The Facts

In 1972, Kenneth R. Truckenmiller was a 68-year-old widower in poor…