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Question: Gruen suffered from Alzheimer’s disease (a


Gruen suffered from Alzheimer’s disease (a form of progressive mental illness that generally occurs during old age) and lived in a nursing home. His sister, whom he had not seen since they were teenagers, instituted proceedings to have him declared mentally incompetent. A physician testified that Gruen was permanently mentally disabled and that his condition would get progressively worse. Gruen’s sister was appointed his guardian. Six months later Gruen executed his last will, leaving his entire estate to his sister. When he died, Gruen’s other relatives challenged the will, claiming that Gruen had lacked testamentary capacity.
a. Does it appear that Gruen had testamentary capacity?
b. Does it appear that the will embodied testamentary intent?
c. Does it appear that the sister exerted undue influence?

1.99

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