Heinrich v. Silvernail

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• decedent’s first and only will, leaving property to his former social worker, was not contrary to any prior disposition or stated intent
• beneficiary did not know that decedent had made will until after it was executed, and did not meet decedent’s lawyer until after decedent’s death
• decedent susceptible to undue influence given age, weakened physical condition, and total dependency on others
• niece not natural object of uncle's affection where there had been virtually no communication between them for years
• despite her assistance with decedent’s bank accounts, beneficiary had no discretion, as “[a]ll checks were drawn at his direction, solely to pay bills, and reviewed and signed by him”
• Power of influence normally held by one friend over another will not automatically defeat bequest; such influence is “a simple and expected consequence of human friendship and ... compassion.”

Source: CourtListener parenthetical corpus (CC0).