In Re Estate of Smith
722 So. 2d 606 · Mississippi Supreme Court · 1998
Facts
Mrs. Elizabeth R. Smith moved her mobile home to Morgantown Road in June 1994 and died in December 1994. In September 1994, she signed a will conveying her entire estate to her nephew by marriage, David R. Smith Sr., and his wife, Annette Smith. This will expressly excluded her children and sole heirs, Jeanette Averill and Oren Pickering. Prior to June 1994, Mrs. Smith removed Jeanette Averill from her joint bank accounts and added David R. Smith Sr. In June 1994, Mrs. Smith also executed a power of attorney in favor of David R. Smith Sr. Averill and Pickering contested the will upon learning of their disinheritance.
Issue
Did the chancery court err in denying the appellants' motions for directed verdict and judgment notwithstanding the verdict on the issues of testamentary capacity and undue influence? Was the jury's verdict that the testatrix lacked testamentary capacity or was unduly influenced contrary to the overwhelming weight of the evidence?
Holding
The Supreme Court affirmed the chancery court's denial of the appellants' motions, finding sufficient evidence for the jury to conclude that the testatrix lacked testamentary capacity or was unduly influenced. The jury's verdict in favor of the contestants was affirmed.
Rule
Testamentary capacity requires the testatrix to understand the effects of her act, the natural objects of her bounty, and the desired disposition of her property at the time of will execution. A presumption of undue influence arises when a beneficiary has a confidential relationship with the testator and actively participates in procuring or preparing the will. To overcome this presumption, beneficiaries must prove by clear and convincing evidence that they acted in good faith, the testatrix had full knowledge and deliberation, and exhibited independent consent and action.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.