American National Bank & Trust Co. v. Penner

EDWARD P. HILL, Jr., Chief Justice.

A jury found that J. W. Penner did not have the mental capacity to make a will on January 21, 1966 (date of his will), for the reason that at that time and in fact for some years he labored under “an insane delusion” relative to his daughter-in-law, Mable Cox Penner.

The executor under the will prosecuted this appeal.

J. W. Penner was 80 years of age on January 21, 1966, when he executed his last will. He died September 30, 1966. In 1957 he had executed another will with substantially the same provisions as the last will. He was survived by only one child,…