In the Matter of the Estate of Noemzar Ganjian, Deceased. John O. Ganjian, Appellant v. Lillian Gregory…

Summary

The court affirmed the denial of probate for the 1958 will because the circumstances surrounding its execution raised a strong suspicion of undue influence and the proponent failed to prove that it was the decedent’s true last will. The court held that the decedent’s precise degree of testamentary capacity was not dispositive where the issue was whether the instrument was actually hers, and that the will could not be selectively preserved by severing provisions from an instrument prepared without her instructions.