Narrative Opinion Summary
Claims were made that the will of Jessica Scott Dunham should not be admitted to probate due to alleged undue influence exerted by her son, an attorney. The trial court conducted a de novo trial and ruled in favor of plaintiff Carl Dunham, admitting the will dated August 27, 1978, to probate in its entirety. Defendant Joan Dunham Rogerson, the testator’s daughter, appealed, renewing her challenges regarding the trial court's subject matter jurisdiction and the merits of the judgment. The trial court, presided over by Judge Pickett, rejected Rogerson’s jurisdictional arguments, while Judge R. Walsh denied her motions for a mistrial and to open the judgment. Upon reviewing Rogerson’s claims of impropriety, the appellate court upheld the trial court’s judgment. The appeal filed by Roger Dunham concerning the will has been withdrawn. The judgment is affirmed.
Legal Issues Addressed
Appellate Review of Probate Court Decisionssubscribe to see similar legal issues
Application: The appellate court reviewed the trial court’s decision and upheld the judgment, finding no merit in the claims of impropriety.
Reasoning: Upon reviewing Rogerson’s claims of impropriety, the appellate court upheld the trial court’s judgment.
Subject Matter Jurisdiction in Probatesubscribe to see similar legal issues
Application: The trial court's jurisdiction was challenged, but the court ruled it had proper jurisdiction over the probate matter.
Reasoning: Defendant Joan Dunham Rogerson, the testator’s daughter, appealed, renewing her challenges regarding the trial court's subject matter jurisdiction and the merits of the judgment.
Undue Influence in Probate Matterssubscribe to see similar legal issues
Application: The trial court found no undue influence exerted by the son, an attorney, and admitted the will to probate.
Reasoning: Claims were made that the will of Jessica Scott Dunham should not be admitted to probate due to alleged undue influence exerted by her son, an attorney.
Withdrawal of Appeals in Probate Casessubscribe to see similar legal issues
Application: The appeal concerning the will was withdrawn, indicating a resolution of that party's objections.
Reasoning: The appeal filed by Roger Dunham concerning the will has been withdrawn.