Estate of David H. Washburn

Summary

The Maine Supreme Judicial Court affirmed the denial of a petition seeking formal adjudication of intestacy and appointment of a personal representative for the estate of David H. Washburn. The court held that the evidence supported the Probate Court’s finding that Washburn had testamentary capacity despite being deaf and that the evidence did not establish undue influence by his wife. The court also addressed the applicable standards of review and burdens of proof for testamentary capacity and undue influence.

Holdings

1. The Probate Court did not clearly err in finding that David possessed testamentary capacity. Deafness alone does not establish lack of testamentary capacity; the relevant inquiry is whether the testator had sufficient mental capacity to understand his property, the natural objects of his bounty, and the scope and effect of his will.
2. The Probate Court properly granted judgment as a matter of law on the undue-influence claim because, even viewing the evidence in the light most favorable to Laurie, the record could not support a finding by clear and convincing evidence that Michelle exercised undue influence.

Questions Presented

1. Whether the Probate Court clearly erred in finding that David Washburn possessed the testamentary capacity required to execute a valid will despite his deafness and the communication methods used during preparation of the will.
2. Whether the evidence, viewed in the light most favorable to Laurie Kennedy, could support a finding by clear and convincing evidence that Michelle Washburn exercised undue influence over David when he executed his will.

Disposition

affirmed