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Mass. Appeals Court Hears Will‑contest Appeal Alleging Undue Influence
Summary
In Ray Morgan (dkt. 25P765), the Massachusetts Appeals Court heard oral argument over whether affidavits alleging undue influence and incapacity met the statutory specificity required for probate challenges; petitioners argued factual indicia support their claim, while appellee said the affidavits lack the required time‑linked facts. The court took the case under advisement.
The Massachusetts Appeals Court on Zoom heard arguments in Ray Morgan, docket number 25P765, in which siblings Edward A. Morgan Jr. and Renee Whitehead appealed a probate court order striking their affidavits challenging their late father’s estate on grounds of undue influence and incapacity. Attorneys for both sides argued whether the affidavits plead the specificity Massachusetts law requires at the motion‑to‑strike stage.
The petitioners’ attorney, Robert Shapiro, told the three‑judge panel that the affidavits include concrete facts that, if taken as true at this procedural posture, support each element of undue influence: an alleged "unnatural disposition," susceptibility to influence, an opportunity to exercise influence, and actual use of that opportunity. Shapiro pointed to the timing of visits, text messages…
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