In re Estate of Donald Crofut (Sean Hammond, Appellant)

Summary

The Court affirmed the invalidation of a will provision granting Sean Hammond an option to purchase Donald Crofut’s residence substantially below market value. It held that Hammond’s confidential relationship with Crofut, concealment and misuse of Crofut’s funds, and opportunity to exploit Crofut’s vulnerability supported undue influence despite Crofut’s testamentary competence, and that partial invalidation preserved Crofut’s broader testamentary plan. The Court also held that the civil division properly conducted an independent de novo review of the probate decision.