The pleadings were introduced and admitted into evidence though defendant denied knowledge of a divorce and the record does not disclose a proof of service of the pleadings. Further testimony on cross-examination of defendant under the statute was also allowed to show that after the death of his wife, defendant moved from the area, had two failed marriages and other failed relationships with women, from other states. There was no question that defendant had little, if any contact with this two children, Gerald and Gloria over the last twenty years. Defendant learned of his daughter's death from the newspaper. The decision whether to admit evidence is within the discretion of the trial court and is subject to review on appeal for abuse of discretion.
All relevant evidence is generally admissible.
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Unfair prejudice exists when there is a tendency that the evidence will be given undue or preemptive weight by the jury. It is apparent to this Court that any probative value the evidence of defendant's poor relationship with his family over many years may have had was solely related to the intent of Gloria Flury, whose purported holographic will should not have been considered. With that will properly removed from the case, this evidence was irrelevant and created undue prejudice against defendant in the mind of the jurors. The evidence should not have been admitted.