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Civil Procedure Keyed to Cross
McCoy v. Like
Citation:
511 N.E.2d 501 (1987)Facts
Martha McCoy died in July 1985 at age 79. Her 1984 will was probated, naming Dr. Jerry Like as personal representative. Dr. Like had exercised Martha’s power of attorney from November 1983 until her death. On the same day the power of attorney was executed, Martha entered into a contract for the conditional sale of over 120 acres to Dr. Like and his wife (Martha’s niece), with the price substantially lowered in an amendment less than a month later. No payments were ever made on the contract. Martha’s 1984 will bequeathed the balance due on the land contract to her three nieces, including Dr. Like’s wife, with the remainder distributed equally among all nephews and nieces. This differed from her 1976 will, which had distributed her property equally among all nephews and nieces. The plaintiffs, who were Martha’s nephews and nieces, filed a will contest alleging fraud and undue influence, later amending their complaint to add Dr. Like as an individual defendant and to include claims regarding the land contract and breach of fiduciary duty, seeking both compensatory and punitive damages.
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