Wilson v. Lane

Katherine Lane (propounder), executrix of Jewel Greer's will, offered it for probate; it divided the estate equally among 16 blood relatives and Lane, Greer's caregiver. Floyd Wilson (caveator) challenged the will for lack of testamentary capacity. Trial evidence showed Greer was eccentric and feeble but of sound mind when she signed the will, though she may have had Alzheimer's or dementia. A guardianship petition filed months later cited Alzheimer's-related dementia, and an expert, who had only reviewed records without examining her, said she may have early-to-mid-stage dementia. Testimony indicated the guardianship petition was filed to let Greer keep living at home. The jury found she lacked capacity, but the trial court granted judgment notwithstanding the verdict for Lane.

Whether a party may prove a testator's lack of testamentary capacity merely by showing the testator may have been suffering from Alzheimer's disease at the time she executed the will.