Even though drafting attorney testified to settlor's capacity, contestant's offered sufficient evidence of incapacity to support jury finding. Settlor required 24 hour nursing care, had a dramatic change in handwriting, was often confused and forgetful, and had many physical ailments.

We agree that not all of Lesey's afflictions suggest she was mentally compromised. Evidence of physical infirmities, without more, does not tend to prove mental incapacity. See Horton v. Horton, 965 S.W.2d 78, 86 (Tex. App.—Fort Worth 1998, no pet.). But evidence of physical problems that are consistent with or can contribute to mental incapacity is probative. See Croucher v. Croucher, 660 S.W.2d 55, 57 (Tex. 1983) (“[T]he evidence did not simply demonstrate physical decline. Rather, the contestants produced evidence of physical problems, i.e. occlusion of the carotid arteries, consistent with mental incapacity.”).