Trust Department of the First National Bank v. Heflin

DAVIS, Commissioner.

This is a will contest in which a jury found that Hollie Heflin lacked testamentary capacity. The propounders of the will prosecute this appeal, asserting as the chief ground for reversal that there was insufficient evidence to warrant submission of the case to the jury.

To avoid confusion we shall refer to the testator, Hollie Heflin, as Hollie. The purported will was executed December 24, 1962, and by its terms, Hollie’s entire estate was devised to his nephew, Robert Earl Green. The value of the estate was about $34,000. Hollie was seventy-six years of age when he died…