MATTER OF KUMSTAR
487 N.E.2d 271 (1985)
NATURE OF THE CASE: This was a dispute over the probate of a will. It was an appeal from
a finding of incapacity.
FACTS: Probate of will was denied based on the jury finding incompetence and undue
influence. Evidence was presented from medical testimony to prove that Kumstar was
competent. The only evidence to claim that Kumstar was incompetent was from the face of the
will which bequeathed property to a brother who had been deceased for some time and that
Kumstar had omitted small bequests as previously promised from the will. The jury found
incompetence. The proponent appealed. The Supreme Court ruled that the evidence was
sufficient to raise the issue of incompetence and undue influence. The proponent appealed
again.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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