In re Estate of Shumway

Less than a week before his death, Ralph V. Shumway signed a will that nominated his helper and bookkeeper, Adelida Rodriguez (defendant) as personal representative and beneficiary of 25 percent of his estate. A draft of the will, which made was using software owned by Rodriguez, was read to Shumway the day before he executed the will. Shumway, who had been admitted to the hospital, seemed to be asleep during the reading but directed Rodriguez to make certain changes to the document. The will was revised overnight and was again read to Shumway, who then signed the will. Only Rodriguez and two of her relatives were present for the second reading of the will. The two relatives subsequently signed the will as witnesses. The will included a boilerplate penalty clause disinheriting any beneficiary who contested it; however, it was unclear whether Shumway intended to include the clause in his will. Shumway’s doctor assessed him as borderline competent during the last week of his life and clearly incompetent four days after the will was executed. Shumway died six days after signing the will. After seeking the advice of an attorney, Shumway’s daughter Virginia Gavette (plaintiff) contested the will, alleging undue influence. Rodriguez conceded that she had a confidential relationship with Shumway but argued that she had not exerted undue influence over him. The trial court found that the will was valid and that the penalty clause was enforceable against Gavette. Gavette appealed.