In Re Estate of Elam

Summary

The Tennessee Supreme Court reinstated the jury verdict upholding the January 4 will. It held that material evidence supported submitting testamentary capacity and undue influence to the jury and that, viewed as a whole, the jury instructions correctly stated that either lack of capacity or undue influence could invalidate the will. The court also held that the contestant bore the burden of proving at least one of those grounds by a preponderance of the evidence.