In re Estate of Gabel

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In re Estate of Gabel

Case Number
Court Number
Call Date
June 11, 2019
Case Time
1:00 PM
Case Summary

A-17-1248, In re Estate of Gabel_

Cass County, District Court Judge Michael A. Smith

Attorney for Appellant:  Nicole Seckman Jilek, Robert M. Schartz (Abrahams, Kaslow & Cassman, LLP)

Attorney for Appellee:  John M. Lingelbach, James A. Tews, Minja Herian (Koley Jessen P.C., L.L.O.)

Probate Action: Testamentary Capacity of Testator

Action Taken by Trial Court:  The jury found that the decedent did not possess testamentary capacity on December 3, 2014, and that he was unduly influenced to sign his new will and amend and restate his trust on that date. The district court also granted, in part, a motion for costs in favor of one of the decedent’s sons, James Gabel. 

Assignments of Error on Appeal:  The appellants (five of decedent’s other children) contend that the district court erred in (1) denying the motion in limine regarding evidence regarding the decedent’s health or condition after he moved into a senior care facility on March 30, 2015; (2) in receiving certain evidence and testimony; (3) in failing to provide a jury instruction or rehabilitation regarding the questioning of Jason Gabel concerning his prior drug use; (4) in denying appellants motions for directed verdict and motion for judgment notwithstanding the verdict; (5) in denying the appellants’ motion for a new trial; and (6) in awarding costs in favor of James Gabel.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Riedmann, Arterburn, and Welch, Judges