Lombardi v. Tranchina

After the will had been admitted to probate a contest of the will subsequent to probate, containing five counts, was filed by testatrix’ two sons. The court, sitting without a jury, found against contestants on all counts and entered judgment refusing to revoke probate of the will. Contestants appeal only on one count—the issue of undue influence. The will contest was tried with another action brought by the sons against the three daughters to set aside certain deeds. Although not consolidated, it was stipulated that the court might consider on the contest any or all evidence in the civil case.

Question Presented

Was there a presumption of undue influence, or if so, was it rebutted?

Background

In order to understand the ease the family history is important. The family originally consisted of Sebastiano, the father, Candida, the mother and testatrix, Stephen and August, sons and contestants, Loretta, Rose and Evelyn, daughters and proponents. Loretta is executrix of the will which was executed in December, 1941. (Testatrix died in 1951, almost 10 years later.) Sebastiano died in January, 1941. By will, he left half of his estate to Candida and divided the other half equally…