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Dyer v. Souther, Ex'r

Trial court erred in directing a verdict on caveators' claim that will was the product of undue influence by propounder of will since there was sufficient circumstantial evidence to raise a jury question on that issue.

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This is an appeal by the defendant caveators in a contest over the validity of the last will and testament of Blanch Dyer, who died in 1994. The case was tried before a jury and at the close of the evidence, the superior court directed verdicts in favor of the plaintiff propounder on the caveators’ claims that the will was not properly signed and executed on January 12, 1987, and that it was the product of undue influence. The court did not direct a verdict on the question of testamentary capacity and it was submitted to the jury. The jury returned a verdict in favor of the propounder, finding that the document at issue was the last will and testament of Blanch Dyer. However, we reverse the judgment entered on the jury’s verdict because the superior court erred in directing a verdict on the issue of undue influence.1

Ms. Dyer was the last of eleven children and never married. She died at age 74 and was survived by numerous nieces and nephews, and over 70 great nieces and nephews. She lived at the Dyer homeplace where she was born, and which she had inherited. Under the will at issue, Ms. Dyer bequeathed and devised all of her property to the propounder Souther, a great nephew.2 Souther was also named as executor. In the event that Souther did not survive Ms. Dyer, the property was to go to Souther’s mother, who was not a blood relative of Ms. Dyer. Ms. Dyer’s nieces and nephews, collectively “Dyer,” filed the caveat to the will.

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