knowing that the court has assimilated all of the statement i actually wanted was that i would like to focus my initial comments on what i think is the core dr ship is connected with sweet american hospital in rockford and has office hours in texas and had been jackie's treating physician for cancer for a while beginning the earlier in june of that here though it all traveled to dr ships office the three of them met with dr ship the record will show for a period of approximately fifty minutes the records show that all three of the travelers jackie nancy and gene were present together with dr shit during that period of time genius the companion nancy is the caregiver jackie is the patient not having your heroic measures taken if she were to cardiac arrest or something in other words that no coding to read is referred to sometimes to sustain her life if she were to experience an event i think the conclusion of that is that all who were present believe that on that date and at that time own no i don't believe so not one that has come into play they travel then from dixon to rock falls to the offices  the next date that is significant is the third day of october of november just a few days later when jackie adams and she gives to that the client interview sheet that referred to related exclusively to howard eugene goods and about drafting a will and who is the the an appointment was made then before they left mr neil's office to revisit him on the fourteenth of november which was a frightening after they left mr news office jackie came to stirling on the fifth day of november of two thousand and eight and the morning hours of november the sixth nancy i arrived at the home jackie and jean were ostensibly to take jackie out for a girls day out as i understand it arriving at nine nine thirty in the shown being on the east coast for a number of years and i think returned a farmer to each year to visit her mother and maybe maybe jackie and strolling rockfalls area but it may have been a while before she had been there the feel walker interviewed jackie and secondly which time spent some time privately with jackie to inquire about this power of attorney left and returned later in the afternoon days was on the third of november when we met with mr me and jackie tell attorney walker that she don't i'm going to say yes he knew it at the time where there was a before he actually executed him executed by jackie in his office or after but concurrently they were in his office on the sixteenth jackie and gene were driven to when neil's office by diana and according to the record it jackie's request and direction the three of them were in the office with mr neale for a period of twenty or thirty minutes at which time diana left the office went outside to have a smoke and make a couple telephone calls calling her mother and her daughter and was upside for another  twenty or thirty minutes and went back yet the real mr neil's office on the sixteenth an hour to an hour and a half this is what it seems at that time you i think what i want to emphasize with her other aspects of this too is that there is a there is contradiction there is inconsistency to be polite about the claim is  part of the contestant and her mother that jackie was not competent to execute the power of attorney on the six they describe her as staring off into space and not be commutative having to they had lived together since the year two thousand or two thousand and one and the same home together they travel together they were together constantly they were together all the time he went to anywhere near they were not married no they the earlier will of two thousand he was to receive half the estate we now have a situation where jack he is suffering from terminal cancer  copeland had the nail on the head what is the standard of review in this case we are here before this court a year removed from a two day trial in which the trial judge heard from nine witnesses one evidence evidence that position considering the step you'll ations considering the medical records made in a quite extensive ruling and you'll see from that ruling on the bench considered every element of the three bases that we argued to set aside this will every argument there is no claim that the trial court made even bigger error here there can't be the question because that trial quirk follow the letter of the law and its ruling we will see went down every single zero whack of capacity underwent florence and the third bases that we argued of course independent of those was that the will was not against his motion to strike that section the case that the supreme court rules in the cases are clear when the judgment was not adverse to the appellate he there is no need to file a process people if you just simply disagree with the reasons of the trial court here the trial court ruled exactly like we wanted the trial work to rule it set aside the november sixth two thousand and eight will and put back in place than the march fifteenth two thousand will under which gene givens was to take half michelle ford was to take the other half whether pretty deceased to the other share so we have to remember what context clearly evident from reading simply through the trial course the ruling from the bench not only is there any evidence to support its findings there is overwhelming evidence to support its findings in fact the evidence the quote got just to the edge and this is the third issue that i do argue argued in my brief which was the improper at that station issue the trial court got just to the edge and followed all the necessary facts to find that the world was not properly witness in the first place paul did not rule or favor on that issue now i'm the trial court of course did find in our favor on the remaining two issues she drove julie and jackie to mr neil's office on the sunday there is no dispute from anyone there is nothing to say suggest that cindy hope will work the second witness to that will been found he did not find it credible that this will could have been witnessed on november seventeenth he did not believe that story and he didn't make any improper at the station is she was left with the trial or now first of all back to the actual were thirty appointment this is what is recited to throughout this trial throughout the briefs as the end of life discussion with october thirty rolls around the entry from the medical records everyone agrees jackie is more confused requires continuous care the decline was noted the decline triggered the end of life discussion with appointment never took her to a lab appointment nancy's the one who spent six weeks with her up in the mail diana had not been involved at all but here we know the white discussion on that over thirty and on november third and his daughter did not make sense of course legal competency to execute a will is a legal decision that spawns a quote to decide to consider evidence at the time and a an order that she somehow has the right with the ability to decide that she was competent on that day and around that time to execute a legal battle that's the court's job the court considered the evidence it found against that theory again to put into context diana had not been involved until november three when all of a sudden gene takes jackie to his attorney talks about a new will and hate diana why don't you be our caregiver now and then she billion consistencies after considering all the facts it determined what it will lead to be the more credible story than the moron writes the past the the mass is required to show one do influence and that's how that court he bats those two issues it appropriately considered the fact that by that time  was unable to handle her affairs and accordingly under the law is more susceptible to undo influence then or the new influence issue once again if you read the court's ruling from the  every single factor that's required for the court to find a presumption of undue influence and it found on the four elements that are required existed in this case one of the issues that mr co regardless of the existence of fiduciary relationship that's exactly the case here so the arguments with respect to produce shiri relationship and dominance don't carry the day it worked properly found due to the nature of the relationship between gene diana and jackie that they were in a position to be fiduciaries not by operation of wanna by a power of attorney which was apparently executed simultaneously that they didn't have a relationship but that does not mean that jackie adams was competent to sign a will on november sixteenth or nov seventeenth of two thousand and eight it does not mean that she was not a new undue influence everybody yes that's correct and the quirk the great thing about the court's decision was it it reflected on jackie's life and one's will should be a reflection of will register a diary whatever you want to call it refracts she stepped in and did all those things she was there and that's that was the interaction at that point actions throughout this tanker it but in the final paragraph or two of its ruling essentially set i find this rule to be more of that of genes than the product of jackie's wishes  specifically noted the fact that the court noted the relationship between nancy and jackie and it noted that relationship and i think that's important and in the inferences from that relationship would have taken had gene pre season the yes there were some testimony as far as you know mr quinn presented to the court some birthday cards that they went to some family events with them  again i we have never taken the position that there was no relationship there clearly was but that doesn't mean that all of the facts overwhelmingly support the fact that this will she was not competent at the time she cited she was under the influence when signing it and it was not witnessed frankly and that doesn't diminish those relationships but jackie made her decisions and did not change them from the two thousand will that she had in place and as the trial court noted she was diagnosed in early two thousand and eight and that could the confusion while consistent did decline as the trial court noted she had time had she wished to do it before things got bad the court noted that and she said she could have done thank you liz thank you to be argued and seems to be suggested to the court that somehow this court can take a look and reverse that and i certainly i'm frustrated with that since i did not have an opportunity to really who will i'm sorry but i don't think that really addresses what occurred let's strip away the colorations let's look at what language really means we know that on the third of november gina and jackie we're by car driven by gene to alwyn neal's office that's a different this case what you've got is the contestant absolutely contradicting her own evidence flat out you can't have that yes she's competent to execute appeal way on the sixth oh no she wasn't comp just take care decisions in consists these contradictions you have two lawyers of some considerable experience who spent some time and to the satisfaction of both of those lawyers jackie adams was competent on the sixth day of november to execute power of attorney she was presented to kelly walker by nancy who was and much of ford for that purpose obviously they believe that she was competent to execute a power of attorney or they had some other motive that shouldn't be on get there and she listens to what gene and ellen talk about and says i think i'd like to change my will too i can speculate just as good as the next guy all right but that's not what's before the for the fiduciary relationship based on love affection etc and you find it in the brief must be shown quite clear and convincing evidence has got to relate to something relevant to the execution of a document it's got to overcome the will of the person it's got to interfere with their intellectual functioning and capacity it's got to sway them to do something it's not just providing for medication or taking care of her food or taking care of her by a bathing or or something like that that's she lived with the war seventeen years moment the last eight they lived together they traveled together they were companions i don't think anybody ever said they were anything other than companions and lovers one in the closest of fr