Supreme Court of Oklahoma
In the Matter of the Estate of Maggie Carano, Deceased. Sacred Heart Parish, and the Roman Catholic Diocese Of…
February 1, 199465 O.B.A.J. 465
Summary
The court held that the trial court properly invalidated the assignment of the estate because its findings that Dominic lacked the capacity to make the gift and was subjected to undue influence were not clearly against the weight of the evidence. The court emphasized the totality of the circumstances, including Dominic's confused understanding, her deteriorating condition, the confidential relationships involved, the beneficiary's attorney's preparation of the documents, and the absence of independent legal advice. The court vacated the Court of Appeals' decision and affirmed the trial court's judgment.