In re Will of Moses

After becoming a widow for the third time, Fannie Traylor Moses began and maintained a romantic relationship with her attorney friend Clarence Holland (proponent), 15 years her junior, until her death. Her will left most of her estate to Holland rather than her closest blood relative, her elder sister (contestant), who challenged probate for undue influence. Holland's main defense was that Moses had independent legal advice from Dan Shell, the drafting attorney, who had no prior connection to Holland and never knew about or asked about the Moses- Holland relationship — Shell only confirmed basic facts like Moses's marital status, children, and property values, and made sure her property was described accurately, without otherwise counseling her on the choice to favor Holland. Evidence suggested Moses may have had a drinking problem, though Shell testified she was sober and clearly understood what she was doing, and other testimony painted her as an independent, capable businesswoman who managed commercial property, apartments, and a 480-acre farm until her death, though her lifestyle had estranged her from her sisters. The chancery court found undue influence and denied probate; Holland appealed.