Potter

*475 Opinion

This is an appeal from a judgment entered on a special verdict in a will contest and an action to set aside a deed which were consolidated for trial.

Dorothy Mae Baker died February 15, 1978, at the age of 81, leaving an estate valued at $73,131. Her will (executed Jan. 6, 1977) included bequests of $4,500 to her brother Clarence Baker Coleman, $4,500 to Coleman’s wife, $100 to each of his two daughters, $1,000 to Dorothy’s “godson” David N. Lee and $5,000 to Richard Whitaker, grandson of Dorothy’s friend Alta Clifford Potter; Alta was given a tea and coffee service, Dorothy’s residence and the residue of the estate; 1 the will named Alta as executrix and Elmer Bromley as attorney for the estate and the executrix. Alta petitioned for probate of the will. Clarence Coleman, as Dorothy’s sole blood heir, filed a contest and opposition to probate of those provisions of the will relating to Alta (both bequests and devise to her and her nomination as executrix), Richard Whitaker and Elmer Bromley. 2 The contest alleged: When Dorothy executed the will she was not of sound and disposing mind and was acting under undue influence and fraud on the part of Alta, who stood in a…