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ESTATE OF GERARD v. GERARD

No. 83503.

911 P.2d 266 (1995)

In the Matter of the ESTATE of John G. GERARD, Deceased; Gene Crabtree, Executor, Appellant, v. Violet T. GERARD, widow and other heirs at law of John G. Gerard, Appellee.

Supreme Court of Oklahoma.

As Corrected December 27, 1995.

Rehearing Denied February 22, 1996.

Attorney(s) appearing for the Case

Ollie Gresham, Tulsa, Birmingham, Morley, Weatherford and Priore by David L. Weatherford, Tulsa, for Appellant Gene Crabtree.

Wilson & Payne by W. Robert Wilson, Pawhuska, for Appellee Violet T. Gerard.

Garrison, Brown, Carlson, Buchanan & Busby by Denzil D. Garrison, William W. Busby, Bartlesville, for Appellees Heirs of John G. Gerard other than Violet T. Gerard.

HODGES, Justice.

The issues presented in this case are: (1) whether the finding of the trial court that Decedent lacked testamentary capacity to execute his Last Will and Testament dated June 29, 1991, (the Will) was clearly contrary to the weight of the evidence, and (2) whether the finding of the trial court that Decedent was subjected to undue influence in regard to the Will was clearly contrary to the weight of the evidence...

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