When the factfinder found adversely to the proponent on the issue of testamentary capacity and there is no direct testimony in the record of acts, demeanor or condition indicating that the testatrix lacked testamentary capacity on the day the will was executed, the testatrix's mental condition on that date may be determined from lay opinion testimony based upon the witnesses' observations of the testatrix's conduct either prior or subsequent to the execution.
December 08, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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