Gerard v. Gerard

CLAY, Commissioner.

In this will contest suit brought by a daughter of the testator, the jury found the latter lacked sufficient mental capacity to make a will. The executor and the other beneficiaries appeal. We need consider only appellants’ contention they were entitled to a directed verdict because of insufficiency of the contestant’s proof.

The testator, John M. Gerard, died in 1958 at the age af 82, leaving an estate valued somewhere between $100,000 and $200,000. On October 2, 1951 he had executed a will drafted by his lawyer. He *720bequeathed to appellee, his only living daughter, $5,000.…