Pessagno v. Pleitner

Henry A. Pleitner, Andre Ghiotti and the Imperial Council of the Ancient Arabic Order of the Nobles of the Mystic Shrine for North America, legatees under the will of Antonio Pessagno, appeal from a judgment denying probate to the latter’s will based on a finding that “at the time of the signing of said purported will said Antonio Pessagno was not of sound and disposing mind and was not competent to dispose of his estate by will.” On this appeal the proponents contend that there is not sufficient evidence to sustain the finding of lack of testamentary capacity.

In reviewing the sufficiency of…