Slater v. Phipps

WELCH, ,J.

This cause concerns a contest of the admission of a will to probate upon the sole ground of asserted lack of testamentary capacity. The county court denied probate of the will and the district court, upon appeal, directed that probate thereof be flowed.

Applicable rules are stated in paragraphs 2 and 3 of Bilby et al. v. Stewart et al., 55 Okla. 767, 153 P. 1173, as follows:

“Testamentary capacity, or the lack thereof, is a question of fact. There is no rule by which it may be determined, with precision, where capacity ends and incapacity begins, but this question should be determined…