LIPPER V. WESLOW
369 S.W.2d 698 (1963)
NATURE OF THE CASE: This was an appeal from a refusal to admit a will to probate due to
undue influence. Lipper (D), the executor of his mother's will and his sister, appealed a
judgment on the verdict, which set aside decedent's will, in Weslow's (P) action against
alleging undue influence in the creation of the will.
FACTS: Sophie Block, age 81, executed a will 22 days before she died that left her estate
to her two surviving children. The will specifically disinherited three of her grandchildren
who were descendants of a son who had died some years before. The will had been prepared by
her son, Lipper (D), who was a lawyer and stood to benefit from an increased share if the
grandchildren were excluded. Sophie died and the three grandchildren charged D with undue
influence. They contended that the disinheritance clause was inserted by D because he never
liked his deceased brother. It was shown the D lived next door and had a key and easy access
to Sophie and that he stood to gain from the exclusion. There was evidence that D bore
malice against his brother and that D wrote the will and it was not read to Sophie before
she signed it. A jury found that the will was the result of undue influence. D appealed;
there was no factual basis for such a finding.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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