McCoy v. Like

Dr. Jerry Like (defendant) exercised power of attorney for Martha McCoy and, the same day, agreed to buy 120 acres of her land, later reducing the purchase price. After McCoy's death, Like became personal representative of her estate under her will. Beneficiaries under the will (plaintiffs) sued to contest the will, naming other heirs and Like in his representative capacity. After deposing Like, the beneficiaries amended their complaint to add Like as a defendant in his individual capacity, asserting new claims of undue influence, fraud, and breach of fiduciary duty. The trial court dismissed Like as an individual defendant and dismissed the added claims as improperly joined to the will contest, and the beneficiaries appealed.