Summary Judgment Dismissing Will Contest in favor of Estate Fiduciary and Beneficiaries Is Proper Where There is No Evidence of Undue Influence

Young v. Conry, 9th Dist. App. No. 12CA010152, 2013 Ohio 1223. Testatrix died without children and bequeathed her estate to several charities and a non-relative, naming her long time attorney as the executor of her estate. Testatrix's next of kin, several nephews and nieces, filed a will contest against the executor of her estate and the beneficiaries of the testatrix's last will and testament and also alleged that the non-relative beneficiary intentionally interfered with their expectancy of inheritance.

The trial court set discovery and other litigation deadlines. The court extended the discovery deadline three times, despite evidence that the next of kin were not diligently pursuing discovery. Using its discretion, the trial court denied the next of kin's fourth request for an extension of the discovery deadline. After the final discovery deadline passed, the executor and beneficiaries filed a motion requesting that the court find in their favor because of the absence of evidence of undue influence over the testatrix, citing the following evidence: (1) the attorney did not meet with testatrix prior to drafting her will, (2) the attorney was not close personal friends with the non-relative beneficiary, (3) the plaintiffs never questioned the testatrix's capacity and she walked to all of her appointments, (4) there was no evidence that testatrix was in poor health, and (5) the non-relative beneficiary had no idea that the testatrix had drafted a will or that he was a beneficiary of it. The plaintiffs failed to produce evidence in support of their allegation of undue influence and summary judgment in favor of the executor and beneficiaries was affirmed.