In the Matter of the Estate of John Harold Haverstick, John Haverstick and Jerry Haverstick v. Frances Haverstick

Summary

The court affirmed the probate court's authority to admit the will and appoint Frances Haverstick because, when the petition was filed, the sons had neither opposed it nor demanded notice. It also held that the marriage and power-of-attorney relationship created a presumption of undue influence, but concluded that the evidence rebutted that presumption and supported the finding that the will was not the product of undue influence. The court affirmed the circuit court and vacated the court of appeals' opinion.