Physically ill man influenced to sign new will: Undue influence: Disinheritance: Postverdict settlement

Law Reporter, Oct 2002

Mayes v. Mayes, Ohio, Delaware County Probate Ct., No. 201016-WC, Feb. 14,2002.

Mayes moved in with her father, who was in poor physical health, and subsequently had a new will drafted on his behalf. The new will greatly benefited Mayes. Mayes's father committed suicide about a month later. A granddaughter who would have inherited one-third of her grandfather's $250,000 estate under his old will was disinherited under the new one.

The granddaughter brought a will contest action against Mayes and her brother, alleging they unduly influenced their father to sign the new will.

A jury found in favor of plaintiff and the court vacated the new will. Defendants' motions for a new trial and judgment n.o.v. were denied. Defendants appealed, and the parties reached a settlement setting aside the new will and allocating the attorney fees.

Plaintiff's expert was John G. Randall, elder psychiatry, Columbus, Ohio.

Defendants' expert was J. William Wulf, internal medicine, Columbus, Ohio.

Plaintiff's Counsel

*Bryan B. Johnson, Columbus, Ohio