Matter Estate Charles E. Spencer v. Mae E.

In this appeal as of right, we are asked to determine whether petitioner, Dawn Annette Spencer, presented sufficient evidence to establish the necessary elements of MCL 700.111(4)(c); MSA 27.5111(4)(c), which governs one circumstance in which a child born out of wedlock may take by intestate succession. Charles P. Spencer died on June 29, 1983. He left a will dated May 26, 1983, in which he bequeathed $35,000 to each of his two sons, with the residue of the estate going to his second wife, Mae E. Spencer. Originally, the sons contested the will, claiming that Spencer lacked testamentary capacity and the will was the result of undue influence. However, the sons withdrew their objections and entered into a settlement with Mrs. Spencer, the personal representative of the estate.