Wife filed for divorce shortly before testator's death.
- Our Summary:
Witnesses and drafting attorney all testified to establish mental capacity at the time of the will. Medical records also were offered by Proponent to establish orientation and capacity. A frend / doctor of testator that had spent 20 hours per week with testator while golfing testified that he was mentally in and out and couldn't have made a will. "Dr. Weiner testified that Spell was taking the following medications: valium, two pain medications, a sleeping medication, medication for relaxing his stomach muscle, heart medication, an antidepressant, medication for diarrhea, and an antibiotic. He further testified that when diabetes is not regulated, as in Spell's case during 1986, it can affect a patient's mind." Testator's son testified that his father's mind was completely gone. COA refused to find that the evidence of incapacity was against the great weight and preponderance of the evidence.