Pearson v. Ossian

DONIELSON, Judge.

Defendant appeals from a district court judgment setting aside decedent Walter Pearson’s will dated October 3, 1984, contending that there was insufficient evidence to present a jury question about the testamentary capacity of Walter Pearson. We affirm.

The decedent was bom in 1906. In 1973, he suffered a stroke and had health problems until his death in October 1985. In 1975, the decedent and his wife moved into a low income retirement apartment. The decedent remained there, even after his wife died, until his own death. The defendant was the part-time executive director of…