Machen v. Williams
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In this appeal arising out of a suit to impeach a will the Supreme Court affirmed the judgment of the circuit court denying a plea in bar, holding that if the circuit court erred in denying the plea in bar, any error was harmless.
Ten days before the decedent's death, Robert Machen, a lawyer who had befriended the decedent, presented the decedent with copies of a will he had drafted for her signature. The decedent signed the will, which contained a no-contest clause providing that the decedent's family members would get nothing from the estate if they contested the will. All family members except David Williams signed a release form. Williams then brought this suit to impeach the will. Machen filed a plea in bar asserting that Williams lacked standing to sue. The circuit court denied the plea in bar and held that the will and been procured by undue influence and fraud. The Supreme Court affirmed, holding that any error in denying the plea in bar as to Williams was harmless.
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