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Case No. 21-0959

For summaries from opinions prior to August, 2018, view PDF versions here

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:
Aug 03, 2022

            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.

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