[Download] "Matter Estate Wilda Gail Swan v. Walker" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Estate Wilda Gail Swan v. Walker
- Author : Supreme Court Of Utah
- Release Date : January 15, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
WADE, Justice. Theo Swan Hendee, plaintiff and respondent here, contests the will and codicils of Wilda Gail Swan, which were admitted to probate June 25, 1952. Theo is an older sister and sole heir of Gail who died May 28, 1952, at age 62 without issue and unmarried. The will was signed May 2, 1947, the first codicil signed February 20, 1950, and the second codicil was signed April 23, 1951. These instruments were all drawn by Grant Macfarlane, as her attorney and confidential adviser. They devised to Theo only a small portion of her estate, leaving to Macfarlane and Daniel Kostopulos, whom the trial court also found was a confidential adviser of Gail, the major part of her estate. The contest is based on the allegations that at the time of signing these instruments Gail, (1) lacked testamentary capacity, and (2) was acting under fraud and undue influence of Macfarlane and Kostopulos. The trial court found both issues in favor of Theo and against Macfarlane and Kostopulos, who bring this appeal on the sole ground that the evidence is not sufficient to support such findings.