In the Matter of the Estate of Sam Vernon Elsen, Deceased.
Michelle Lynn Davila, Plaintiff
Chad Michael Elsen, Plaintiff-Appellant
Emily Jean Elsen-Cox, Defendant-Appellee
Attorneys for Plaintiffs-Appellants
Scott Bixenman
Scott M. Wadding
Attorney for Defendent-Appellee
Stephen F. Avery
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pocahontas County, Christopher C. Polking, Judge. AFFIRMED. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. (13 pages)
Chad Michael Elsen appeals the order denying and dismissing his petition in an action to contest his father’s will and trust. OPINION HOLDS: I. Substantial evidence supports the finding that Chad failed his burden of proving his sister unduly influenced the will. II. Applying the same burden of proof to Chad’s claim of undue influence in the creation of an inter vivos revocable trust, we reach the same conclusion. III. Having failed to prove undue influence or other legal wrong occurred, we affirm the denial of Chad’s claim of tortious interference with an inheritance.
