In re Estate of Ticknor

Petitioner challenged his father’s will, which explicitly disinherited petitioner and left all of the decedent’s property and possessions to the executor and her adopted daughter. Petitioner claimed that the decedent lacked testamentary capacity and that respondents engaged in undue influence over the decedent or, in the alternative, that respondents financially exploited the decedent, an elderly or disabled person. The appellate court affirmed, finding that the trial court’s finding that petitioner did not prove the decedent lacked testamentary capacity to execute his will was not against the manifest weight of the evidence and did not otherwise err in its findings. (CATES and BOIE, concurring)