In a Codington County jury trial, we were successful in defending the wishes of a testator as reflected in her Last Will and Testament that was signed near the very end of her life. The Last Will and Testament left the bulk of her estate to charity. Two nieces challenged the Will alleging undue influence, lack of a sound mind, mistake, and insane delusion.
After a three-day jury trial, we were able to convince the jury that none of these were true. The challengers had as their key witness the leading neuropsychologist expert witness in the region, Dr. Rodney Swenson from Fargo, North Dakota. We were able to successfully cross-examine Dr. Swenson, and utilize the testimony of local witnesses and local doctors who could better describe the condition and the wishes of the decedent.