Estate of McAllister
Jan 27, 1911OUTCOME: Verdict for Our Client, the Defendant, in this Probate trial.
2 Week Jury Trial of claims that gifts a Mother made to one daughter before she died were invalid, and should be brought back into her Estate to be equally distributed to all her children. Mrs. McAllis ... ter died a widow with 4 children. One daughter, our Client, took care of her on a daily basis for the last 4 years of her life, while Mother was a widow and ill with a chronic respiratory ailment. Mother gave numerous gifts of money and property to our Client during her last 4 years of life. After Mother died, our Client's three other siblings sued her claiming that these gifts were invalid because: Mother was not of sound mind, Mother was under the undue influence of our Client, our Client committed a breach of fiduciary duty to her Mother, and other legal theories. The jury could have rendered a verdict against our Client anywhere from $1.8 Million to $0. The jury's verdict was 100% in favor of our Client on all the claims. The jury awarded nothing to our Client's siblings and found that all the Mother's gifts to our Client were valid.
