Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Cook v. Huff

Evidence that the propounder attempted to alienate the testator from other family and that she actively encouraged him to execute a new will which was more generous to her was sufficient to submit the issue of undue influence to the jury.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In February of 1998, Milton Cook suffered a stroke and was unable to return home until July. In August, he executed a new will and died several months later. The will named his widow, Kathleen Cook Propounder, as executrix, and she filed the document for probate. Mr. Cook and Propounder were married for 53 years and had four children. His three children by a former marriage Caveators contested the will on the ground of Propounder’s alleged undue influence. The probate court admitted the will to probate, and Caveators appealed. The case was tried before a jury which returned a verdict for Caveators. Propounder appeals from the judgment entered on the jury’s verdict.

1. Propounder urges that the trial court erred in denying her motions for directed verdict, judgment n.o.v. and new trial.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Labor and Employment Litigation Associate / General Liability Litigation Associate / Construction Accident Litigation Associate

Named in the 2025 edition of U.S. News - Best Lawyers "Best Law Firms" for the 15th consecutive year in both Medical Malpractice Law and Per...


Apply Now ›
Chicago Commercial Finance Associate (Mid-Level)

Duane Morris LLP (a 900 lawyer firm with 20 plus offices across the country, and in London and Singapore) seeks an experienced commercial fi...


Apply Now ›
MAGISTRATE JUDGE

NOTICE OF FEDERAL MAGISTRATE JUDGE VACANCIES IN ATLANTA AND ROME, GAThe U.S. District Court for the Northern District of Georgia is acceptin...


Apply Now ›
Go to Lawjobs