Brandon v. Hagen

The testimony concerning the competency of the testator to make a will at the time of its execution shows that he had sufficient active memory to comprehend, without prompting, the situation and relation of his relatives, also the condition and extent of his property. The testimony sustained the finding of the trial court. The evidence establishing that the testator had the mental capacity to make a will, the ruling below, is in accordance with the general rule recognizing that the test of mental competency is whether the testator had sufficient active memory to comprehend, without prompting,…