Vetter v. Hampton

In her propositions of law, appellant contends that: (1) “A physician’s testimony cannot as a matter of law be dispositive of the issue of an individual’s competency * * * when the trier of fact has found that physician’s credibility to be strained, and there is probative evidence to rebut the physician’s conclusion”; (2) “[t]he trial court’s findings on competency and undue influence were not against the manifest weight of the evidence”; and (3) “[a] joint and survivorship account is *230an intervivos contract and its validity is based npon contract law, not gift law; consequently, there is no…