Evans v. Liston

OPINION

WREN, Judge.

Appellant brings this appeal from the trial court’s judgment finding that appellant’s father lacked testamentary capacity and was acting under appellant’s undue influence at the time he executed his will and certain deeds to real property. We find that these conclusions were erroneous and reverse the judgment.

To invalidate a will or deed on the grounds of lack of testamentary capacity, the burden is on the contestants to show that the decedent lacked the ability to know the nature and extent of his property, the ability to know the natural objects of his bounty, or the…