In re Neville

Although the proper inquiry is whether the testator had testamentary capacity at the time he executed the will, the court may also look to the testator's state of mind at other times if those times tend to show his state of mind on the day the will was executed.

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Chief Justice Cornelius

OPINION

In this will contest, Charles Neville and Paulette Knapp appeal from the trial court’s judgment which held that Verdie Neville did not have testamentary capacity on July 9, 1998, at the time she signed a will, and ordered that a will Verdie Neville executed in 1992 should be admitted to probate instead of her 1998 will. Charles Neville and Knapp contend that the evidence is factually and legally insufficient to support the trial court’s finding that Verdie Neville lacked testamentary capacity when she executed the will of July 9, 1998.

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In re Neville

Although the proper inquiry is whether the testator had testamentary capacity at the time he executed the will, the court may also look to the testator's state of mind at other times if those times tend to show his state of mind on the day the will was executed.

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