In re Estate of Maheras

897 P.2d 268 (1995)

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In re Estate of Maheras

Oklahoma Supreme Court
897 P.2d 268 (1995)

Facts

William H. Cook (defendant), pastor of the First Baptist Church of Bartlesville (First Baptist), became acquainted with Evelyn Afton Maheras, an elderly alcoholic, during the 1970s. He visited her home frequently from 1980–1983, and by 1984, Maheras had become quite dependent upon Cook and other First Baptist members, who regularly helped clean her home. Cook put Jesse J. Worten III, an attorney and First Baptist member, in touch with Maheras about preparing her will. Cook delivered the will to Maheras, they discussed the terms, and Worten followed up with another short phone conversation. In February 1984, a First Baptist member took Maheras to Worten’s office to execute the will. The attesting witnesses were First Baptist members chosen by Cook. Cook was named co-executor of the will, and First Baptist was the recipient of the bulk of Maheras’s estate. Maheras died testate at the age of 96. The witnesses testified that Maheras understood the will and was aware of the existence of her nephew, Richard H. Suagee (plaintiff). Suagee contested the will, claiming, among other things, that Cook unduly influenced Maheras. The district court found that Maheras had been unduly influenced by Cook, and Cook appealed. The appellate court found that because Cook had not personally benefited from the will, he was legally incapable of unduly influencing Maheras. Suagee appealed.

Rule of Law

Issue

Holding and Reasoning (Opala, J.)

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