The fraud and influence in the case were done by Jerry (the
propounder) who connived Charles (the caveator) to take a much-
needed vacation to Florida. But before he left, he went and took
Mary’s name off all the accounts, transferred some funds into a new
account with his name only. But that was Mary’s wish to provide for
the funerals. And to the propounder, it looked as though the caveator
took Luther McDaniel’s money and fled to Florida instead. To add to
the flames Luther told other family members.
The saddest part was that the propounder made it harder for the
caveator to see Luther during his last moments, he wasn’t allowed to
visit without making an appointment, also attempted to have the
caveator “sign in” whenever he’d visit.
I think that courts should have safety measures in place, providing
ways to review the documents before being approved. When it
comes to the 2007 will and Luther’s mental capacity, I don’t think he
had the capacity to execute the will accordingly. And that’s sad
because I feel that making a will should be more mandatory the older
we get, like in a bracket of 65 to 80 for example where it gives the
elderly enough time to make a will, revise a will, etc. And it will
protect them from family members who would take advantage.
Kubasek, K., N., Browne, M, N. Dhooge, J., L., Herron, J., D., Barkacs,
L., L. (2017). Dynamic Business Law fourth edition. McGraw-Hill.
New York, New York.
