Fitzgerald v. Fitzgerald

There was no error in disallowing the probate of the decedent’s will offered by the proponent. The judge found that the decedent lacked testamentary capacity due to her diagnosed senility and chronic brain syndrome, that the proponent, the decedent’s son and attorney, exercised a strong domineering influence over her while simultaneously managing her financial and legal affairs, and that he brought the decedent to a bank where three employees witnessed the decedent’s execution of the will which the plaintiff had drafted. These findings are based upon substantial evidence and the judge’s…