Dehart v. Dehart

Plaintiff filed will contest, alleging that testator demonstrated that he was of unsound mind when signing will and could not remember Plaintiff, whom he had held out as his son for nearly 60 years. In Count I of Complaint, Plaintiff sufficiently stated viable cause of action for lack of testamentary capacity, and court erred in dismissing Count I. Plaintiff sufficiently alleged undue influence by testator's wife, and sufficiently alleged that wife participated in procurement of will and alleged concealment of previous will. Plaintiff alleged sufficient facts to meet prima facie case for tortious interference with economic expectancy, and sufficiently alleged alternative theories of equitable adoption by estoppel and adoption by contract. (McDADE, specially concurring; SCHMIDT, concurring in part and dissenting in part.)