Published opinion, 19 December 2019 · source · PDF · 12 pages
In this case, Appellees offered no evidence that [the testator] ’s pain medication or physical problems impaired his testamentary capacity. As a result, the only evidence in this case that could possib ly support the jury’s finding t hat [the testator ] lacked testamentary capacity is th e testimony that [the testator] was hallucinating and disoriented at times. As stated above, it is not enough to show that a testator lacked testamentary capacity on some d ays without also showing that t he condition prob ably p ersisted on the day the will was execute d.