35.12 [1996 Revision] Illustrations(Will Contest

Instruction No 1 35.12 [1996 Revision] IllustrationsCWill Contest Charlie Rich died on January 1, 1978, leaving an estate of $800,000. He was 84 at the time of his death. Rich was a widower who had lived with his adult daughter, Ima Rich, his only child. Ima had never married. She cared for her father during the 15 years following her mother's death. Charlie Rich died in the local hospital where he had been a patient for two months. Reverend Longwind of the Temple of Saints Church visited Charlie daily. Two days before his death Charlie made a will (the first he had ever made) leaving Ima $50,000 and the balance of his estate to the Temple of Saints Church. Attorney K.C. Mason, a respected practitioner, who had never represented Charlie previously, prepared the will. K.C. Mason and his secretary, Penny Writer, witnessed the will. The will was offered for probate and accepted. Ima filed a timely petition contesting the validity of the will based on undue influence. Instruction No. 1 Use. Instruction No. 2 (See MAI 2.03 (1980 New)) (Same as MAI 2.01) Note: In will contest cases, MAI 2.01 must be modified as required by Notes on As you remember, the court gave you a general instruction before the presentation of any evidence in this case. The court will not repeat that instruction at this time. However, that instruction and the additional instructions, to be given to you now, constitute the law of this case and each such instruction is equally binding upon you. You should consider each instruction in light of and in harmony with the other instructions, and you should apply the instructions as a whole to the evidence. The order in which the instructions are given is no indication of their relative importance. All of the instructions are in writing and will be available to you in the jury room. Instruction No. 3 (See MAI 2.02 (1980 Revision)) In returning your verdict you will form beliefs as to the facts. The court does not mean to assume as true any fact referred to in these instructions but leaves it to you to determine what the facts are. Instruction No. 4 (See MAI 15.01 (1969 New)) The phrase "sound and disposing mind and memory" as used in these instructions means that when a person signed his will he: First, was able to understand the ordinary affairs of life, and Second, was able to understand the nature and extent of his property, and Third, was able to know the persons who were the natural objects of his bounty, and Fourth, could intelligently weigh and appreciate his natural obligations to those persons. Instruction No. 5 (See MAI 15.03 (1995 Revision)) The phrase "undue influence" as used in these instructions means such influence as destroys the free choice of the person making the will. Instruction No. 6 (See MAI 3.03 (1981 Revision)) The burden is upon defendant-proponent, to cause you to believe that the document dated December 29, 1977, is the last will and testament of Charlie Rich. The burden is upon plaintiff-contestant, to cause you to believe her claim of undue influence as submitted in Instruction Number 9. In determining whether or not you believe any proposition, you must consider only the evidence and the reasonable inferences derived from the evidence. If the evidence in the case does not cause you to believe a particular proposition submitted, then you cannot return a verdict requiring belief of that proposition. Instruction No. 7 (See MAI 2.04 (1981 Revision)) The verdict form included in these instructions contains directions for completion and will allow you to return the permissible verdict in this case. Nine or more of you must agree in order to return any verdict. A verdict must be signed by each juror who agrees to it. Instruction No. 8 (See MAI 31.06 (1978 Revision)) Your verdict must be that the document in issue is the last will and testament of Charlie Rich if you believe: First, the document was signed by Charlie Rich and declared by him to be his last will and testament, and Second, that at the time of signing, Charlie Rich was of sound and disposing mind and memory, and Third, that the document was attested by at least two competent witnesses, signing their names to the document in his presence and at his request, Instruction No. 9 (See MAI 32.18 (1969 New)) Your verdict must be that the document in issue is not the last will and testament of Charlie Rich if you believe that Charlie Rich signed the document as a result of the undue influence of Reverend Longwind. Note: Complete this form by inserting the words required by your verdict. We, the undersigned jurors, find: That the document in issue and testament of Charlie Rich. (here insert either "is" or "is not" ) the last will Note: All jurors who agree to the above findings must sign below.