In re Estate of Brannon

Sears-Collins, Justice.

Edith Brown Brannon, a widow with no children, left the bulk of her estate, about $500,000, by will to four charities. Her heirs at law, two nieces and three nephews, filed a caveat to the probate of the will, contending that the testatrix lacked testamentary capacity and that the will was not properly executed. The probate court granted summary judgment to the propounder, NationsBank.

1. We find that the probate court properly resolved the issue of testamentary capacity by summary judgment. NationsBank carried its burden of showing in its motion for summary judgment…