AC42251 - Vaicunas v.
Gaylord ("The plaintiffs, David Vaicunas and Joseph Kobos, appeal from
the judgment rendered by the trial court in favor of the defendants, Regina R.
Gaylord, Kevin McGuire, Deborah Foster, John McGuire, and Scott McGuire, on the
count of the complaint alleging undue influence exerted on Helen Rachel in
amending The Helen K. Rachel Revocable Trust Indenture. The plaintiffs also
appeal from the judgment of the trial court rendered after it granted the
motion by the defendants to set aside the jury’s verdict in favor of Vaicunas
on the count for adverse possession of certain real property owned by Helen
Rachel. On appeal, Vaicunas claims that the court improperly set aside the jury
verdict with respect to adverse possession, and both plaintiffs claim that the
court (1) abused its discretion by declining to admit the plaintiffs’ offer of
evidence as to the character of Helen Rachel, which was relevant to their claim
for undue influence and (2) improperly charged the jury on the law of undue
influence. We conclude that the trial court properly set aside the verdict on
the claim for adverse possession and, as to the plaintiffs’ claim of undue
influence, we reject their assertions of evidentiary and instructional error on
the part of the court. Accordingly, we affirm the judgment of the trial court.")