Marjorie Delapp vs. Arthur Pratt, In Re: Estate of Mary Armstrong Pratt

Marjorie Delapp, Mary Sherrod, and Elsie Caton ("Plaintiffs") sued their brother, Arthur David Pratt ("Defendant") claiming, in part, that Defendant exercised undue influence over their mother, Mary Armstrong Pratt ("the Deceased") to induce the Deceased to make a will in Defendant's favor. After a jury trial, judgment was entered holding the Deceased was competent to make the will, that a confidential relationship existed between Defendant and the Deceased, and that the will was not the last will and testament of the Deceased. Defendant appeals claiming, in part, that the Trial Court erred in allowing testimony regarding his alleged racial prejudice to be introduced and in failing to grant a mistrial after reference was made to his alleged sexual misconduct. Defendant also argues there is no material evidence to support the jury's verdicts of confidential relationship and undue influence and that the Trial Court erred in denying his objection to the entry of judgment. We affirm