KROUSE v. KROUSE

No. 297, September Term, 1992.

94 Md. App. 369 (1993)

617 A.2d 1098

JOHN M. KROUSE v. ALLEN J. KROUSE, III.

Court of Special Appeals of Maryland.

January 5, 1993.


Attorney(s) appearing for the Case

Walter W. Pitsenberger, Bowie, for appellant.

Richard L. Lyon (Dragga, Lyon & Sundt, on the brief), Rockville, for appellee.

Argued before ALPERT, FISCHER and HARRELL, JJ.


ALPERT, Judge.

Allen J. Krouse, III, appellee, successfully challenged testator's purported Last Will and Testament as having been procured by fraud and/or undue influence. John M. Krouse, appellant, a primary beneficiary under the purported will, subsequently appealed to this court and correspondingly asks us to address the following five questions:

I. Did the trial court err when it refused to give an instruction that clear and convincing proof was necessary...

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