Womble v. Gunter

How courts have described this case

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

• holding that several beneficiaries triggered a forfeiture clause by bringing suit to invalidate a will on the ground the testator lacked mental capacity
• stating good faith and probable cause as a defense to a no contest provision “must be affirmatively established by the parties making the allegation”
• finding argument waived because it had not been raised in the trial court
• “If the testator had desired to except his infant beneficiaries from the ‘no contest’ provision he could have very easily used appropriate language to that end. He did not do so.”
• any minor entitled to sue may do so by his next friend
• approving such a provision in a will

Source: CourtListener parenthetical corpus (CC0).