Estate of Chapman, et al. v. Chapman, et al.
| Docket Number: | 2006-CA-01585-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-23-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wills & estates - Confidential relationship - Undue influence by spouse Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
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| Trial Court: |
Date of Trial Judgment: 08-24-2006 Appealed from: PIKE COUNTY CHANCERY COURT Judge: Debbra K. Halford Disposition: VALIDITY OF WILL UPHELD Case Number: 2003-176 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | IN THE MATTER OF THE ESTATE OF LESLIE W. CHAPMAN, DECEASED: LESLIE GARY CHAPMAN |
EDWIN L. BEAN |
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| Appellee: | BRIAN ANTHONY CHAPMAN, BRUCE WILLIAM CHAPMAN, LESLEY DARLENE REEVES, AND BETTY RUTH CHAPMAN | JOHN HARRIS WHITE RACHEL L. WILSON | ||
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| Topic: | Wills & estates - Confidential relationship - Undue influence by spouse |
| Summary of the Facts: | The chancery court admitted the last will and testament of Leslie W. Chapman to probate in common form. The will bequeathed all of Leslie’s real and personal property to his wife, Betty Chapman. Gary Chapman, Leslie’s son, filed a petition to contest the will. The court entered an order upholding the validity of the will. Gary appeals. |
| Summary of Opinion Analysis: | Gary argues that there existed between Leslie and Betty a confidential relationship, which created a presumption of undue influence regarding the will and its execution, and that Betty did not overcome the presumption of undue influence created by that relationship. In order to set aside a will on the grounds of undue influence on the part of a spouse, it must be shown that the devisee spouse used undue methods for the purpose of overcoming the free and unrestrained will of the testator so as to control his acts and prevent him from being a free agent. The court noted that there was a close relationship between Leslie and Betty, but such was to be expected of two people married for more than thirty-three years. There was no evidence that Betty used any undue methods to influence Leslie to make the will. Her only actions involving the will were traveling with Leslie to his attorney’s office and possibly discussing it with Leslie. In addition, Gary did not present any evidence that Leslie’s will was overcome, that he was controlled, or that he was prevented from being a free agent. Thus, the chancellor was not manifestly in error nor did she abuse her discretion in upholding Leslie’s will. |
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