Carpenter v. Tinney

Frankie Tinney and her husband, W. I. Tinney, had four children together, Cora Carpenter (plaintiff), Clifton Tinney (defendant), Dor Tinney (defendant), and Milton Tinney (defendant). Frankie believed that her husband had executed a will leaving his estate almost entirely to Cora and Clifton, so Frankie executed a will leaving her estate to Dor and Milton to even things out, giving Cora, Clifton, and W. I. only five dollars each. W. I. predeceased Frankie. Frankie never discovered any evidence that W. I. actually had executed a will favoring Cora and Clifton, and Frankie even attempted to probate what she claimed was a lost will of her husband’s under which she was the sole beneficiary. Nevertheless, in the nearly two years she lived after W. I.’s death, Frankie never altered her will leaving the bulk of her estate to Dor and Milton. After Frankie’s death, Cora and her husband (collectively, Cora) filed suit against her three brothers, contesting Frankie’s will. Cora argued in part that Frankie lacked testamentary capacity, that Dor and Milton exercised undue influence over Frankie, and that Frankie’s will was a result of fraud or mistake. Therefore, Cora argued, the court must reform the will. A jury found that Frankie did have testamentary capacity, and the trial court did not submit an issue on undue influence, holding that the will was valid. Cora appealed, arguing that Frankie’s intention was for her four children to receive equal parts of their parents’ property.