In Re Estate of Mary Flider, Deceased. Willard Hanna, Appellees v. Darlene R. Warnick, Appellant

Summary

The court held that the self-proved will conclusively established compliance with the statutory signature and witnessing requirements, so the proponent was entitled to a directed verdict on due execution. Testamentary capacity and undue influence were separate issues and did not defeat that conclusion. The court also held that a prior will may be admitted to rebut incapacity or undue influence only after the proponent establishes the required foundation, including testamentary capacity when the prior will was executed. The judgment was reversed and the case remanded for a new trial.