Urness v. Urness

CRIST, Judge.

Will contest. Donald L. Urness, deceased, had one son and three daughters. He disinherited Son by his will. Son filed a will contest. The jury found the proffered will was not the last will of Decedent. Decedent’s daughters appeal. We affirm.

We initially note that Son made a submis-sible case. Decedent was diagnosed as having a brain lesion and lung cancer in February, 1986. Son elicited testimony at trial from his expert witness that Decedent was mentally ill, paranoid, had a delusional disorder, had a major depression, and “was not of full capacity to recognize in particular…