Heinrich v. Silvernail

This is an appeal by Julie Heinrich from a decision disallowing her petition for probate of an instrument purporting to be the will of Ernest W. Silvernail (decedent). 2 The document left substantially all the decedent’s estate to Heinrich and named her as executrix. The decedent’s brother, Marvin Silvemail, and his niece, Marion S. Gregg, who would take equally in the event of intestacy, see G. L. c. 190, § 3(5), opposed the petition. A judge of the Probate and Family Court concluded that the decedent had testamentary capacity when the will was executed. He found, however, that the will…