Supreme Court of Oklahoma
In the Matter of the Estate of Laura Edna Holcomb, Deceased. Marcus Holcomb, Appellants v. Heidi Carter…
November 19, 200273 O.B.A.J. 3552
Summary
The Supreme Court of Oklahoma vacated the intermediate appellate decision and affirmed admission of the will to probate. It held that the district court's findings that Mrs. Holcomb possessed testamentary capacity and was not subjected to undue influence were not clearly contrary to the weight of the evidence. The court also held that contestants established the facts triggering a rebuttable undue-influence presumption, but that the proponent introduced sufficient other evidence to rebut it, leaving the contestants to prove undue influence without the presumption.