National Federation of the Blind of California, Inc v. Carson
Opinion
Opinion
Haerle, J.
I. Introduction
This is an appeal from a judgment in a consolidated proceeding involving the estate of Kathryne J. Auen (Auen) who left most of her substantial estate to her attorney, Patricia A. Carson, also known as Patricia C. Major (Carson), and to Carson’s family. The primary ruling at issue in this appeal is the trial court’s finding that Carson exerted undue influence over Auen. We affirm this ruling and the judgment.
II. The Parties and Procedural History
Auen died on August 30, 1990. A will executed by Auen and dated February 22, 1990 (the 1990 will) was admitted to probate on November 6, 1990.
Auen’s next prior will, dated May 17, 1984 (the 1984 will) left most of her estate to four charities which were named as residuary devisees, the National Federation of the Blind of California, Inc. (the National Federation), the American Diabetes Association, California Affiliate, Inc. (the Diabetes Association), the American Heart Association, California Affiliate (the Heart Association), and the American Cancer Society, California Affiliate (the Cancer Society).
A petition for revocation of probate of the 1990 will (the Petition) was filed by the National Federation…