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Probate and Trusts
Will Contest
Undue Influence

Estate of Oscar O. Otis

Published: Oct. 29, 1994 | Result Date: Aug. 2, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BP014792 –  $0

Judge

Richard C. Hubbell

Court

L.A. Superior Central


Attorneys

Plaintiff

Susan J. Cooley

Marshal A. Oldman
(Oldman, Cooley, Sallus, Birnberg, Coleman & Gold, LLP)

Joseph F. Hart
(Law Offices of Joseph F. Hart)


Defendant

Kimberly D. Lewis


Experts

Plaintiff

Niels C. Winther
(technical)

Facts

This was a Will contest after probate. Decedent had an attorney, John J. Dee, Esq. of Sullivan, Workman & Dee. On September 10, 1987, decedent executed a Will drafted by one of Dee's law partners which left the bulk of the estate to Dee; decedent died on March 26, 1992. Contestants were Jane Dempsey, a friend of decedent, as well as Middy Shutt and Ruth Agnello, sisters of decedent's predeceased spouse.

Settlement Discussions

Unspecified offers and demands were exchanged but not accepted.

Result

The Court found that the Will was executed as the result of the perpetuation of undue influence by Dee upon decedent. The Court also found that the "independent" attorney that reviewed the Will with decedent before he signed it (in order to determine if decedent really wanted to leave the bulk of his estate to his attorney) was not sufficiently independent to remove the undue influence. The Court revoked probate of the Will as well as Letters Testamentary previously issued to Dee.

Other Information

This bench trial lasted 3.5 days.

Length

3.5 days


#78275

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