Hurd v. Mosby

The issue on appeal in this will contest case is whether testatrix, Lena L. Unger, had sufficient testamentary capacity to execute a last will and testament on February 25,1976. This was tried as a suit in equity and our review is de novo. Former ORS 113.055(4).1 The probate court found that testatrix had sufficient testamentary capacity. We disagree.

The requirements of testamentary capacity were summarized in Kastner v. Husband, 231 Or 133, 136, 372 P2d 520 (1962), as follows:

"* * * q) the person must be able to understand the nature of the act in which he is engaged; (2) know the nature and…