Matter of Estate of Wagner

MESCHKE, Justice.

Donley R. Bergquist and personal representative William Chaussee appeal from a judgment declaring a codicil invalid because the testatrix, Martha Wagner, lacked testamentary capacity at the time she signed the codicil. We affirm.

On August 5, 1991, Martha executed a will devising her real and personal property. In the bequest affected by this appeal, Martha devised all four quarters of her land to her niece, Vicky Keller. She also nominated Vicky’s husband, Dennis Keller, as personal representative of her estate.

On December 15,1994, Martha entered the Community Memorial…