In re Estate of Clinger (PFR)

S-13-0769 In re Interest of Estate of Clinger, Orin M. Clinger, Mary E. Chalupa, Melvina D. Bundy, Sandra A. Goodwater v. Shaun Clinger, Personal Representative, Calvin A. Clinger and Patricia Clinger
Custer County District Court, Judge Mark D. Zozisek
Attorneys: Bradley D. Holbrook (Jacobson, Orr, Lindstrom & Holbrook, P.C., L.L.O.) (Appellants) --- Steven P. Vinton (Bacon & Vinton, L.L.C.) (Appellee Shaun Clinger ' personal representative) & George G. Vinton (Appellees Calvin & Patricia Clinger
Civil: Probate; testamentary capacity; undue influence
Proceedings below: The trial court granted Appellees' motion for directed verdict regarding testamentary capacity and the jury rendered a verdict in favor of Appellee's regarding the issue of undue influence. The Court of Appeals affirmed the trial court. See In Re: Clinger, 22 Neb. App. 692 (2015). Appellants filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: 1. The Court of Appeals erred in affirming the trial court's refusal to instruct the jury as proposed by Appellants on the presumption of undue influence. 2. The Court of Appeals erred in affirming the trial court's decisions in admitting the video of Mary Ann Clinger's will signing into evidence and in allowing the jury access to the video during its deliberations. 3. The Court of Appeals erred in affirming the trial court's refusal to further instruct the jury in response to a jury question about the proper burden of proof.