Reshma Kishnani

The applicants, estate trustees of the late Ellen Kates, sought to propound codicils executed in August 2011.

The objectors challenged the codicils on the grounds of lack of testamentary capacity and undue influence, citing the testator's diagnosis of moderate Alzheimer's disease.

The court found that despite the cognitive impairment, the testator understood the nature and effect of the codicils, the extent of her property, and the claims of those excluded.

The court also found no evidence of coercion or fraud amounting to undue influence.

The codicils were admitted to probate.

The moving party sought to combine two related actions arising from an insurance claim following a residential fire and to strike the other claimant’s statement of claim.

The actions were brought separately by former spouses asserting competing interests in insurance proceeds.

The court considered Rule 6.01(1) of the Rules of Civil Procedure governing consolidation or joint hearings where proceedings share common questions of law or fact or arise from the same transaction.

Finding that the claims involved overlapping factual issues and competing interests in the same insurance proceeds, the court held that the most expeditious and fair procedure was to have the actions tried together.

The request to strike the other action was not granted, and directions were provided for joint discovery, production, mediation, and potential cross-claims.