Cass County, District Court Judge Michael A. Smith
Attorney for Appellants: Nicole Seckman Jilek, Robert M. Schartz (Abrahams Kaslow & Cassman, LLP)
Attorney for Appellee: John M. Lingelbach, James A. Tews, Minja Herian (Koley Jessen PC, LLO)
Probate Action: Whether decedent had the testamentary capacity to sign a new will and amend his trust on December 3, 2014, and whether he was unduly influenced to do so.
Action Taken by Trial Court: A jury found that the decedent did not possess the testamentary capacity on December 3, 2014, to sign a new will and amend his trust and the decedent was unduly influenced to sign his new will and amend his trust on that date. The district court subsequently denied the appellants’ motions for directed verdict, judgment for nothwithstanding the verdict, and for new trial. The district court also awarded costs in favor of the personal representative.
Assignments of Error on Appeal: The appellants assign as error that trial court erred: (1) in making certain evidentiary rulings; (2) denying their motions for directed verdict, motion for judgment notwithstanding the verdict, and motion for a new trial; and (3) awarding costs in favor of the personal representative.