Matter of Estate of Taggart

OPINION

ANDREWS, Judge.

Two questions are presented in this appeal from a district court probate proceeding. The first seeks a determination of the evidence required to support the jury’s determination of incompetency at the time of making the power of attorney; and the second, relates to the sufficiency of the evidence to support the jury’s determination that the decedent had made transfers outside of his will in lieu of providing for his surviving spouse in his will.

James A. Taggart, a widower, executed a will on March 23,1976, which provided that his entire estate be placed in trust for the…