Matter of Estate of Coleman

This is an appeal by the proponent of an October 19, 1974 will from a judgment admitting an October 12,1974 will to probate after a jury verdict finding the October 19, 1974 will invalid. The question is whether the trial court erred in giving and in refusing to give instructions concerning the testamentary capacity of the testatrix. We find no error.

Testatrix Margaret Coleman executed a will on October 12, 1974, in which she gave to all of her children equally. On October 19,1974, she executed another will in which she gave the bulk of her estate to the appellant who was one of her five…