In re Estate of Crofut
Annotate this CaseThe Vermont Supreme Court affirmed the civil division's decision to invalidate a portion of Donald Crofut's will that granted Sean Hammond an option to purchase Crofut's residence for $40,000. The court found that Crofut and Hammond had a relationship of trust and confidence. Hammond lived with Crofut, cared for him during his illness, and had access to Crofut's debit card. Evidence showed that Hammond made unauthorized purchases with Crofut's debit card and withdrew money from Crofut's bank account without permission. The court found that, had Crofut known about the theft, he would not have included the option provision in his will. As such, the option bequeathed to Hammond was found to be the result of undue influence. The court also held that partial voidance of a will is an acceptable remedy when undue influence is found, as it best preserves the testator’s intent and effectuates their desires. Here, the option provision was a small part of a much larger will, and the evidence of undue influence was unrelated to the other bequests and individuals. Therefore, invalidating the entire will would have contravened Crofut's intent.
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