In re Estate of Peterson

932 Neb. 105, 439 N.W.2d 516 (1989)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In re Estate of Peterson

Nebraska Supreme Court
932 Neb. 105, 439 N.W.2d 516 (1989)

Facts

Bessie I. Peterson had four sons: Marvin, Dale, Eldon, and Donald Peterson. Bessie had another son, Francis J. Glinn, from another marriage. Francis, Marvin, and Dale (the contestants) (plaintiffs) sought to probate Bessie’s 1972 will and objected to a January 16, 1985, codicil. Eldon and Donald (the proponents) (defendants) were proponents of the codicil, which devised Bessie’s livestock and personal goods to Eldon and named him personal representative. Only Eldon had lived permanently on and managed the 14,000-acre livestock ranch. Bessie lived in a nursing home for some time and then died on January 25, 1985. In the month before she died, Bessie had good days and bad days. During the videotaped execution of the codicil, Bessie expressed to her attorney, James A. Lane, that she wanted to leave her cattle to Eldon because he had cared for her for many years and was a good manager. The contestants contended that the codicil was the result of Eldon’s undue influence and that Bessie lacked testamentary capacity. Nursing-home employees Teresa Gibson and Dora Caudy testified regarding Bessie’s capacity on the day the codicil was executed. Gibson testified that Bessie appeared to be asleep during the videotaping, while Caudy testified that she did not think Bessie knew what she was doing. Lane, meanwhile, testified that Bessie knew generally the extent of her property and why she was making the codicil. Charley Simineo, the nursing-home administrator, testified that elderly people often mixed up dates and occurrences but he did not believe this problem affected Bessie’s mental capacity. He also testified that he believed Bessie knew the natural objects of her bounty, the extent and nature of her property, and the nature of signing the codicil and understood the disposition of the property in the codicil. Donald testified that his mother was close to Eldon and that he had known for years what she intended to do. The district court sustained the proponents’ motion for a directed verdict on the issue of undue influence and overruled both parties’ motions for directed verdict on the issue of testamentary capacity. The jury found that Bessie had testamentary capacity, and the contestants appealed.

Rule of Law

Issue

Holding and Reasoning (Grant, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership