How does court measure testamentary capacity?
In 2019, at the age of 96, Irlene Johnson executed a new will, leaving the residue of her estate, including title to two farms that she owned, to St. Jude Children’s Hospital, and leaving nothing to her family. The will revoked a 2010 will that had given a life estate in a 400-acre farm to her son, with a one-half remainder interest to her grandson and one-half to a trust for the benefit of her great-grandchildren. It had given a half interest in her other farm to her grandson, with the other half to the trust for the great-grandchildren. Following her death, St. Jude petitioned to probate the 2019 will. The son and grandson petitioned to probate the 2010 will, claiming that Johnson lacked...
The full text of this article is available to paid subscribers only. Login or subscribe to read more