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Estate of Finstrom 2020 ND 227 Docket No.: 20190360 Filing Date: 10/26/2020 Case Type: PROBATE - WILLS - TRUSTS Author: Crothers, Daniel John Highlight: Undue influence is improper influence exercised over a grantor in such a way and to such an extent as to destroy his or her voluntary action by substituting for his will the will of another. The essential element in recovering under the doctrine of unjust enrichment is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value. Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies. In an unsupervised probate, each proceeding before the court is independent of any other proceeding involving the same estate. Testamentary capacity is examined at the time a will or codicil is executed. |
