In re Estate of Tank
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In this will contest, the Supreme Court reversed the decision of the circuit court on remand granting Bender's renewed motion for judgment as a matter of law and motion for a new trial, holding that the jury verdict should be reinstated.
Upon the death of Russell Tank, Jason Bender, Russell's neighbor and farm tenant, offered Russell's last will and testament, which named Bender as the Estate's sole heir and personal representative, for probate. Plaintiffs, Russell's four children, brought this action challenging the validity of the will based on a lack of testamentary capacity, insane delusions, and undue influence. The Supreme Court granted summary judgment against Plaintiffs. The Supreme Court remanded on the undue influence claim brought by daughter Sherri Castro. The jury returned a verdict for Sherri, finding that Bender unduly influenced Russell's will. The circuit court granted Bender's motion for judgment as a matter of law and motion for new trial on the grounds that there was insufficient evidence to support the jury's verdict. The Supreme Court reversed, holding that Bender unduly influenced the will and that Bender must be removed from serving as personal representative of Russell's Estate.
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