Vereen v. Hardee

Shaw, Judge:

This appeal presents only one question: when numerous lay witnesses testify a decedent possesses the requisite mental capacity to execute her will, but the only medical expert who testifies concludes the decedent lacked such capacity, is the jury bound by the expert’s conclusion?

Respondent D. K. Vereen brought this action to prove Hattie Bell Vereen Mauney’s will dated June 14,1978. Appellants I. J. and Annie Hardee alleged Mrs. Mauney lacked capacity to execute that will. The probate court found Mrs. Mauney "had the requisite mental capacity to execute” the will. Following a…