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Wills Trusts & Estates keyed to Dukeminier
Latham v. Father Divine
Facts
Mary Sheldon Lyon left a will to Father Divine, two corporate defendants, and another defendant who was one of Father Divine’s followers. Plaintiffs claim that on several occasions after the execution of her will, she expressed a desire and determination to revoke the will and create another in which plaintiffs would receive a substantial amount of her estate. Shortly before her death, Lyon had attorneys draft a new will that named the plaintiffs as legatees for a large amount, approximately $350,000. However the defendant thorugh false representations, undue influence, and physical force, prevented the testator from executing the will. Furthermore, the defendants conspired to kill and did kill the testator without the consent of the testator’s relatives and before she could execute a new will.
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