McCarren

Bartholomew Joseph Corbett died leaving surviving two daughters, Margaret Kordell and Theresa McCarren. He had executed a purported will and codicil on February 23, 1961, which Theresa offered for probate. Margaret objected to their admission, alleging undue influence on the part of Theresa and that the decedent at the time of the execution of the instruments was not of sound and disposing mind. Trial on the merits was had and the court found Margaret’s contentions true. Judgment was entered denying probate of the will and codicil from which Theresa appeals.

The decedent’s older daughter Margaret had lived with him from about 1947 until 1956. Thereafter the daughters moved to California and their father, suffering from cancer, came from New Jersey in November 1960 to live with his daughter Margaret.

At the trial Margaret testified that on January 8, 1961, Theresa told her father that Margaret was stealing his money; that he should leave Margaret and live with her and her husband. This incident initiated a series of attempts on Theresa’s part to induce the father to believe that Margaret was dishonest, most of the controversy being related to the alleged misuse by Margaret of the…