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Wills, Trusts & Estates Keyed to Sterk
Wilson v. Lane
Citation:
614 S.E.2d 88 (2005)Facts
After Katherine Lane offered Jewel Jones Greer’s 1997 will for probate, Floyd Wilson challenged it, claiming Greer lacked testamentary capacity. The propounders provided evidence that the will equally distributed Greer’s property to 17 beneficiaries, most of whom were blood relatives, and included Katherine Lane, who had cared for Greer. The attorney who drafted the will testified that Greer was mentally competent at the time and actively selected all beneficiaries. Other witnesses also confirmed Greer’s clarity of mind. The caveators failed to present any evidence proving Greer lacked the ability to make rational decisions about her property. They argued her eccentric behavior, aging, and irrational fears indicated diminished capacity, but their evidence did not overcome the presumption of testamentary capacity.
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