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The court upheld Arthur Stevens’s 2019 will, set aside the later transfer of his property interest to Patricia Esak, dismissed Esak’s tort claims, and ordered sale of the property.
Where contested, credibility‑dependent evidence capable of supporting claims of undue influence and fraud exists, a motion judge exercising summary judgment powers must explictly weigh the evidence, assess credibility or call oral evidence; failure to conduct that analysis and making conclusory findings is reversible error — the summary judgment and costs order was set aside and the matter remitted to trial before a different judge.
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