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Trautwein v. O'Brien

1989 WL 2149 (1989)

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Trautwein v. O'Brien

Ohio Court of Appeals
1989 WL 2149 (1989)

  • Written by Nathan Herkamp, JD

Facts

William K. O’Brien made a will using a video recording on September 14, 1983. O’Brien made a codicil to the will on September 30, 1983. In the will and codicil, O’Brien disinherited Frances Trautwein (plaintiff). The video shows that O’Brien was very ill, suffering the aftereffects of multiple strokes and nearing death. O’Brien was unable to understand what was happening and did not know the extent of his assets. The attorney asked O’Brien leading questions and dictated each step of the process. Trautwein sued the O’Brien estate (defendant) to contest the validity of the will. Trautwein claimed that O’Brien had lacked the testamentary capacity to make a will. Trautwein also claimed that the attorney and other family members had exerted an undue influence on O’Brien at the drafting and execution of the September 1983 will and codicil. The O’Brien estate moved for a directed verdict. The trial court granted a directed verdict for the estate. Trautwein appealed.

Rule of Law

Issue

Holding and Reasoning (Burkhart, J.)

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Casebooks

Wills, Trusts, and Estates

Key Terms