McClenahen v. Malland

HALL, Judge.

Appellants raise three points on appeal:

*1290I.WHETHER THE ELECTION OF edna McClenahen to claim A WIDOW’S SHARE OF THE ESTATE of ross a. McClena-hen, DECEASED, WAS A VALID ELECTION BECAUSE OF THE ALLEGED SECOND MARRIAGE — A COMMON-LAW MARRIAGE.

II.WHETHER LOUISE MALLAND USED UNDUE INFLUENCE OVER THE DECEDENT, ROSS A. McClenahen, in order to OBTAIN THE ASSETS OF HIS ESTATE.

III.WHETHER THE TRIAL COURT ERRED IN FINDING AN ESTOP-PEL ON THE PART OF THE CA-VEATOR, edna McClenahen, TO CLAIM AN ELECTIVE SHARE.

On December 22, 1982, Ross A. McClena-hen passed away. His will, leaving the majority…