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«The court found that the plaintiff had rebutted the presumption of undue influence by a preponderance of the evidence. The court then determined that the plaintiff had met his burden of proving by a preponderance of the evidence that his husband had testamentary capacity, that he had taken his time, that he had carefully considered his decision, and that he had executed a will to express his intent with the assurance that his wife would not contest the will. The court further found that the plaintiff had met his burden of proving by a preponderance of the evidence that the decedent did not know that his wife would contest his will. The court ruled that the decedent's bequest to the plaintiff constituted a gift made by the decedent with the intent to benefit the plaintiff and that the bequest was not conditioned on the plaintiff's survival. The court of appeal determined that the trial court correctly had found that the plaintiff had rebutted the presumption of undue influence. The court of appeal further determined that the trial court had erred by finding that the defendant had not overcome the presumption of undue influence. Specifically, the court of appeal determined that the trial court had erroneously relied on W.R. Grace and Company, where the facts were distinguishable from the facts in the present case. The court of appeal further determined that the trial court had not abused its discretion when it excluded the defendant's evidence. [This summary is abridged and taken in part from the opinion of the Court of Appeal.] A. D'Esterre, J., took no part. "Civil Appeal to the Supreme Court; Prohibition for Writ of Certiorari With respect to the action of the trial court in disregarding the proffered testimony of the defendant regarding the mental condition of the decedent, the defendant also argues that it was reversible error to disregard such testimony and that the jury should have been allowed to pass upon the mental capacity of the decedent when he executed the will. The defendant cites W.R. Grace and Company v. O'Grady, 93 N.M. 414, 601 P.2d 584 (Ct.App.1979), as support for his argument. *1280 We have ruled on this issue, supra, that the testimony of the defendant as to his mental state and condition at the time he prepared the will was admissible and that such evidence, unless excluded as irrelevant by the court, would be relevant to the issue of undue influence

 

 

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Homme Qui Baise Son Chien Femelle [Latest] 2022

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