In re the Estate of Hedberg

OPINION OF THE COURT

Diana A. Johnson, S.

Objectants’ oral motion for a directed verdict, made at the close of petitioner’s case and renewed after the jury’s verdict, to deny probate to the will on the ground petitioner failed to make out a prima facie case on testamentary capacity is determined as follows.

Jo-Ann Sullivan (petitioner) seeks to probate an instrument dated August 25, 2006, as the last will and testament of her mother Marie Hedberg (decedent). Petitioner is the nominated executor and beneficiary of one half of the residuary under the will. Stephen Hedberg, who participated in the…