Browning v. Holbrook

Clarke, Justice.

Appellants, propounders of the will of E. W. Hunt, appeal from the jury verdict for the caveators. The matter went to the jury on the issue of testamentary capacity, and the sufficiency of evidence to support a verdict that testator lacked testamentary capacity is the only real issue here. Since we have concluded that the jury verdict must be set aside for insufficient evidence, we need not reach appellants’ other enumerations of error.

The testator and his wife were admitted to a nursing home on June 4,1979. A few days later, testator’s wife died. Testator, who was terminally…