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[Bruiser] Samuel, a Ninety-Year-Old Wild Bronco Rider in the Rodeo

Question 55

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[Bruiser] Samuel, a ninety-year-old wild bronco rider in the rodeo, had a will leaving all his possessions to a girlfriend, Winona, age twenty-two. During a rodeo, Samuel was placed on a particularly wild bronco named "Bruiser." During the ride, Crabby the clown yelled out to Samuel that Winona had suggested that particular horse. Samuel was annoyed about that because he was having trouble controlling Bruiser. Nevertheless, Samuel prevailed and collected the prize. Samuel was so excited that he had a heart attack. Just before he died, he yelled out, "Winona, you had me put on that crazy horse, and I'm revoking my will. I'm dying, and I'm leaving everything to my other girlfriend, Keisha." A number of witnesses heard his statement; and Crabby, who had always liked Keisha more than Winona, promptly wrote down Samuel's statement. Winona knew nothing about Keisha and was very upset. She told Keisha that Keisha could have nothing because Samuel's written will was still in effect. She also told Keisha that Samuel was suffering from a mental illness and did not know what he was doing when he stated that Keisha should take everything. Samuel's daughter, Laura, age 65, also entered the discussion stating that Winona had unfairly coerced Samuel into writing a will leaving her everything.
-Which of the following is a true statement regarding Laura's claim that Winona unfairly coerced Samuel into naming her as a beneficiary in the written will and that the written will is ineffective?


A) The written will is ineffective if Samuel wrote it under circumstances by which Winona took advantage of his weak physical or emotional condition to persuade him to write the will leaving her everything.
B) The written will is ineffective only if a witness is available who will testify that Samuel admitted that he would never have left all his possessions to Winona if he were not dependent on her for his wellbeing.
C) There is a presumption of undue influence based upon the age difference between Winona and Samuel.
D) Winona is legally entitled to a presumption of no undue influence because she was Samuel's girlfriend at the time the will was written.
E) Winona is legally entitled to a presumption of no undue influence only if she can establish through the testimony of a disinterested witness that Samuel had asked her to marry him.

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