Smith v. Smith
Annotate this CaseVictoria H. Smith was nearly 100 years old when she died on September 11, 2013. During her life she married Vernon K. Smith Sr., a lawyer who died of a heart attack in 1966. The couple had three children: Joseph H. Smith, Vernon K. Smith Jr., and Victoria A. (Smith) Converse. This case centered on Victoria’s estate: the magistrate court ruled that Victoria died intestate after finding that her will was a product of the undue influence of her son, Appellant Vernon Smith Jr. Vernon appealed that ruling, as well as an earlier partial summary judgment ruling that invalidated a series of transactions that transferred all of Victoria’s assets to a limited liability company that Vernon owned and a corresponding judgment entered pursuant to Idaho Rule of Civil Procedure 70(b). After review, the Idaho Supreme Court found no reversible error in the magistrate court’s judgment and affirmed.
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