November 18th, 2010
Petitioners Vivian Knotts and Betty Nelson, appeal from the Final Order of the Clay County Circuit Court which denied their Motion for Judgment Notwithstanding the Verdict, or in the alternative, Motion for a New trial. Petitioners were the defendants and co-executrixes of the Estate in an action to set aside and revoke the granting of probate of the Last Will and Testament of Irene T. Nelson. A Clay County jury found that the decedent lacked testamentary capacity at the time of the execution of her will on July 29, 2005, and that the Will was the result of undue influence.
