IN RE ESTATE OF KAMESAR, 259 N.W.2d 733 (1977) CASE BRIEF

IN RE ESTATE OF KAMESAR

259 N.W.2d 733 (1977)

NATURE OF THE CASE: This was a will contest for undue influence.

FACTS: Kamesar executed a will in 1971 that incorporate a prenuptial agreement with his second wife and gave his grandchild $5,000 and left the rest of his estate to Bernice, one of two daughters stating that his other two children had been provided for in his life. This was contested by Kamesar's son and other daughter for undue influence. The trial court admitted the will to probate. Since 1968, Bernice managed her father's affairs and held a power of attorney. There were records of substantial gifts to the other son and daughter but none to Bernice or her children but in 1973 Bernice and her children each got $3,000 each per year from Kamesar. All except his son testified that Kamesar was of sound mind and body when he married his second wife in 1971. A doctor testified that Kamesar had been in ill health for a number of years and lacked the ability to make decisions when he became hospitalized in 1973. The will was signed with Bernice and his second wife along with the long time attorney of Kamesar present. The attorney questioned Kamesar about the dispositions and that attorney believed that he was competent at the time the will was signed. His wife testified that later, when asked about cutting out his two other children, Kamesar would not remember doing that act.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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