A contentious battle over a Northeast Nebraska estate ended favorably for Domina Law Group pc llo's client last week. After the first day of trial to a Burt County Nebraska jury, the Court dismissed the case for lack of evidence.
This was the third lawsuit filed against Domina Law Group pc llo's client, who serves as the personal representative of his father's estate. The lawsuit accused him of applying undue influence on his father as his father drafted and executed a will. The will did not provide an inheritance for the sibling who filed this and the other two cases.
"Dismissal of a case in the middle of a jury trial is rare, but here, it was appropriate," said James F. Cann, who handled the trial. "Here, the only evidence was that of unresolved sibling rivalry, and no evidence that a properly executed will, prepared in accordance with all of the law's formalities, should be set aside." Cann said.
A claim that the decedent lacked the mental capacity to create a will was originally included in the lawsuit, but dismissed before trial. This case marked the third of three trial victories for Domina Law Group pc llo's client.
March 23, 2006
James F. Cann
Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.