The decedent was diagnosed with terminal cancer on May 19, 2011 and began hospice care on June 3, 2011. On June 1, the decedent executed a health care power of attorney and a power of attorney for his property. He executed a will on June 13. He died on June 24, 2011. The will’s validity was contested on the bases of undue influence and lack of testamentary capacity. The jury heard testimony from the decedent’s friends, business associates, the lawyer that drafted the will and others, and returned a verdict that invalidated the will on lack of testamentary capacity grounds. The attorney testified that he had no concerns about the decedent’s soundness of mind. The decedent’s friends, however, contradicted the lawyer’s testimony. The jury found the testimony of the friends more credible. A judgment notwithstanding the verdict was sought or, in the alternative, a new trial, but the trial court denied the motion. On appeal, the court affirmed. In re Estate of Schutzbach, No. 4-14-0600, 2015 Ill. App. Unpub. LEXIS 801 (Ill. Ct. App. Apr. 10, 2015).
Jury Verdict That Decedent Lacked Testamentary Capacity Upheld.
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