Citizens & Southern National Bank ex rel. Estate of Corbett v. Corbett

Ness, Justice:

This is an action contesting the validity of a will on the ground of testamentary incapacity. Appellants are two adopted sons of the deceased who received bequests of $100.00 each under the will. The case was tried before a jury, de novo, and the will was validated.

The first question presented relates to the exclusion of evidence regarding the mental capacity of the testator. The trial judge refused to admit evidence which occurred more than ten years prior to the execution of the will on December 31, 1968, finding such matters too remote to have probative evidentiary value.…