In re Estate of Lowe

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In re Estate of Lowe

Additional Case Names
9:25am
Case Number
A-20-0412
Court Number
Lincoln
Call Date
February 10, 2021
Case Time
9:00 AM
Case Summary

A-20-0412, In re Estate of Robert B. Lowe, deceased. Barbara Kuncl (Appellant) v. Allen Fugate

District Court for Lincoln County, District Judge Michael E. Piccolo

Attorney for Appellant:  Timothy P. Brouillette (Brouillette Dugan Law Firm)

Attorneys for Appellee:  Bradley D. Holbrook & Elizabeth J. Klingelhoefer (Jacobsen Orr Law Firm)

Civil Action:  Probate proceeding, testamentary capacity and undue influence of decedent

Action taken by the Trial Court:  The trial court granted summary judgment in favor of the Fugate, the personal representative, finding that Lowe possessed the requisite testamentary capacity to execute his will and had not been unduly influence. The court excluded certain evidence offered by the Appellant as a discovery sanction.

Assignments of Error on Appeal, Restated: Did the trial court err in finding no material issues of fact with respect to Lowe’s testamentary capacity or the question of undue influence? Did the trial court err in excluding certain evidence as a discovery sanction?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Chief Judge, Moore, and Arterburn, Judges