1/7/2009
By Kelly Holleran
A family fighting over an elder member's will has taken their battle to St. Clair County Circuit Court.
The child and grandchildren of James D. McDaniel argue his other child and grandchildren changed parts of the elder's will and forced McDaniel to make a will while he was not in the right mind capacity to do so.
In their suit, David McDaniel, James McDaniel's son, and grandchildren Jennifer Kay Emery and Melissa Mary McDaniel, also claim that Anita Metzker, James McDaniel's daughter, took $60,000 from his account before his death.
When James McDaniel died on Jan. 26, he was 79 years old and suffering from Alzheimer's, according to the complaint filed Jan. 5.
Before his death, James McDaniel executed a will on Dec. 1, 2003, and discussed his wishes to provide for both of his children equally with his son, daughter.
They are seeking the court reject the admission of the will to probate, invalidate the will, allow for James McDaniel's property to pass intestate equally to them and Metzker and her children, plus attorney's fees, costs and other relief the court deems appropriate.
They are also seeking actual damages in excess of $60,000 and unspecified punitive damages.
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