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Wills, Trusts & Estates keyed to Dobris
Barnes v. Marshall
Facts
Testator made a will with the remainder of the estate going to a trust with payments to be made to the Defendants; various individuals, charities, churches, and fraternal organizations. Plaintiff, the testator’s daughter, was to receive five dollars per year. The estate was appraised at over half a million dollars. Plaintiff alleged that the testator was not of sound mind and did not have the mental capacity to make a will. After testimony from several witnesses that testified that the testator was of unsound mind and suffering from manic-depressive psychosis, the trial court found for the Plaintiff. Defendant appeals the ruling on several points.
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