Fields v. Fields

In this will contest, we consider whether the trial court properly determined that the testator lacked the requisite testamentary capacity at the time he executed the later of two wills offered for probate.

Robert McKinley Fields (testator) died on May 23, 1994, leaving two wills. The earlier of these two wills, dated August 28, 1975, was admitted to probate by the order of the clerk of the Circuit Court of Washington County on May 25, 1994. On that same day, a will dated November 1, 1988, was also presented to the clerk for probate.

The testator was married three times. Four children, Katie L.…