Mgoweqp's List: Aug-1_7

• “In order to avoid a will, upon the ground of undue influence, it must be shown that the influence exercised amounted to moral coercion, which restrained independent action and destroyed free agency; or that, by importunity, which he was unable to resist, the testator was constrained to do that which was against his free will and desire.”
• In light of all of the circumstances of this case, including the decedent’s weakened physical condition at the time the will was executed, there was sufficient evidence to establish that the will was the result of a subtle, but pervasive, form of coercion and influence, by which the proponent overwhelmed and manipulated decedent’s volition to advance her own interests.”
• a confidential relationship
• Luthor was keeping the woman separate from her family, members of which were demanding to be let in to see her as she lay dying) and a weakened decedent.  Other common alarms in this case include the estate suddenly being shifted to the alleged influencer and the fact that the influencer was the only person present for the execution of the new will.
• “call for and impose upon the proponents of the will the burden of explanation.”  
• II. Testamentary Capacity
• “understood the nature and consequences of making a will, the nature and extent of his property, and the natural objects of his bounty.”
• James Marsden’s

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