Matter of Estate of Thorpe

OPINION

PAUL G. ULRICH, Judge Pro Tern.

This appeal involves a will contest in which one of decedent’s sons successfully challenged the validity of his mother’s will. The primary issue is whether there was sufficient evidence to support a finding that decedent lacked testamentary capacity to execute the will. Appellant has requested attorney’s fees for defending her claim at trial and on appeal. Appellee has requested attorney’s fees on appeal. We reverse and deny both requests for attorney’s fees.

On July 25, 1983 a will signed by Winifred Thorpe dated February 25, 1981 was admitted to informal…