M.I. Marshall & Ilsley Trust Co. v. McCannon

OPINION

GRANT, Presiding Judge.

In this appeal, we consider whether a testator who knew the natural objects of her bounty but had insane delusions about some of them that affected the terms of her will had the testamentary capacity to execute a will. We hold that she did not have such capacity and that the evidence supports the trial court’s conclusion that the testator’s will is invalid due to lack of testamentary capacity-

FACTS AND PROCEDURAL HISTORY1

On February 13, 1988, appellant Marion MeCannon (“Marion”) and his wife, Virgie, arrived in Phoenix from Missouri to visit his aunt, Dorothy I.…