Thomason v. Carlton

*847The issue in this case is whether Mrs. Maude L. Thomason, who died on November 3, 1975, when she was approximately ninety-one years of age, possessed testamentary capacity on March 23, 1973, when she executed her will. Arlene Virginia Carlton, a daughter of the testatrix, filed a bill of complaint against Theodore Thomason, son and executor of the testatrix, to set aside the will. On an issue devisavit vel non a jury found that Mrs. Thomason did not have testamentary capacity, and its verdict was affirmed by the trial court. Theodore Thomason noted this appeal.

Maude Thomason was survived by a…