David Buboltz and Donna Reece
v.
Patricia Birusingh, individually and in Her Capacity as Co-Executor of the Estate of Cletis C. Ireland, and Kumari Durick,
Plaintiffs brought an action to set aside a will on the grounds of undue influence and obtained a jury verdict against defendants. Plaintiffs appeal from a partial summary judgment disposing of a separate claim for intentional interference with an inheritance. Plaintiffs contend the district court erred in finding they were required to prove defendants had knowledge of plaintiffs’ expected inheritance, and alternatively, in finding plaintiffs had failed to present a fact issue on the knowledge element. Defendants cross-appeal, contending the district court erred in allowing improper hearsay evidence at trial, and in denying their motion for new trial based on attorney misconduct during closing arguments.
Appellant
David Buboltz and Donna Reece
Appellee
Patricia Birusingh, individually and in Her Capacity as Co-Executor of the Estate of Cletis C. Ireland, and Kumari Durick,
Attorneys for the Appellant
Alexander E. Wonio
Tyler Smith
Attorney for the Appellee
Charles Wittmack
Supreme Court
Oral Argument Schedule
15-15-5
Mar 23, 2021 1:30 PM