Ferguson v. Arizona Properties

Several months ago, Colonel Augustus P. Ferguson, who won several medals for bravery in World War I, died at age 104 in the crash of a private plane. His only surviving child is Augustus, Jr. In 1928, the Colonel and his wife executed wills leaving all their property to each other, or in the event the spouse had previously died, in equal shares to their surviving children. His wife passed away in 1977. Shortly after her death, the Colonel became involved with. Arizona Properties, Inc. a land development company. He was vice-president of the company at his death. Before he died, he revoked his 1928 will and executed a new will giving his entire $1.3 million estate to Arizona Properties.

Augustus Jr. has asked your senior attorney to challenge the validity of the second will in probate court. The law in this state reinstates the previous will if the later will is invalid. Junior stated that the Colonel's new attorney, also general counsel for Arizona Properties, drafted the second will. This attorney and the Colonel were both avid fishermen and went fishing together two or three weekends each month. The attorney resigned as general counsel a year ago.

Junior also said that the corporation financed trips for the Colonel, "allegedly for purposes of learning foreign land development strategies, to Hong Kong, Rio de Janeiro, and Cairo. These trips occurred before he revoked the first will. Junior admitted that his father, from whom he was estranged since the death of his mother, "was not at all senile." There are two relevant cases in this state:

What three most important points should you, the defendant, include in your opening statement? State briefly why they are important to your case.