Jones v. Peacock

In this appeal, Charles Wheeler Jones and Richard Franklin Jones ask this Court to reverse the trial court’s judgment that their father, B. Franklin Jones, did not have the requisite mental capacity to execute a claim for an elective share of his deceased wife’s augmented estate pursuant to Code § 64.1-13. Because we conclude that the trial court utilized the wrong standard for mental competency and that the record does not show Franklin Jones was incompetent to execute the claim, we will reverse the judgment of the trial court and remand the case for further proceedings.

FACTS AND PROCEEDINGS

G…