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suspicious circumstance related to the execution of the alleged will. "To be frank,” he acknowledged, “deceitful fraud was only discovered in the last few weeks.” But, the attorney added, if the court rules that evidence of fraud through trickery must be pled before evidence on that point can be presented, then the plaintiffs wanted permission from the judge to add it to their pleadings.
Groaaly Unfair
Luke argued that his side had relied on the charges placed formally against the will in preparing their case. He claimed it would be “grossly unfair" and a possible “abuse of the court’s discretion” if judge Shore Robertson allowed pleadings to be amended after the defense had rested its case.
The trial “stands in serious jeopardy.” Robertson replied, adding that he faced a “difficult dilemma" in resolving the question of whether (1) to allow evidence of fraud to be introduced and (2) to permit pleadings to be changed to include fraud by trickery or deceit (fraud in factum) as opposed to fraud through undue influence (fraud in inducement).
Elgin maintained that the defendant's own witness, Sgt. Stevenson, raised the question of fraud by trickery by testifying that the document he signed in the colonel’s hospital room on October 27, 1979, was much larger than the proported will exhibited as evidence in the courtroom.
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