Ashford v. Van Horne

There was no evidence that the testator's will resulted from monomania-a condition which causes hallucinations and insane delusions as to only one or a few subjects.

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Caveator Carol Richardson Ashford appeals from the grant of summary judgment in favor of propounder Vivian Ashford Van Horne, in this contest over the Last Will and Testament of Dr. Alexander Woodson Ashford. We affirm. The caveator is the estranged wife of the testator. The two were married in 1968, and she filed for divorce in 1999 after a lengthy separation. The testator died in 2001, during the pendency of the divorce proceedings.

In 1998, during the period of their separation, the testator met with attorney Bobby Gibson for the purpose of drafting a new will. The propounder, who is the testator’s sister and executrix of his estate, drove him to Gibson’s office for their initial meeting. The testator brought with him a copy of his old will, a memorandum containing his wishes as to the disposition of his property, and an audiotape of the memorandum of instruction. Gibson drafted the will based on the testator’s instructions. The testator later returned the draft to Gibson with additional instructions which were incorporated into the final will. At all times during those conferences, the testator and Gibson met alone. The will was executed on July 1, 1999 and was witnessed by Gibson and his associate Berryman; no others were present. In Item I, the testator stated that he had made provision for Ashford “outside of his will,” in that she was to receive one-half of his military retirement and Social Security benefits. In addition, he bequeathed to her the marital home and named her as beneficiary of two life insurance policies. However, no life insurance policies naming Ashford as beneficiary existed at the time of the testator’s death. The testator bequeathed to the propounder a million-dollar-plus IRA; and an IRA in the approximate sum of $300,000 was left to two other sisters. The testator also established a trust for the purpose of medical research, naming the propounder and a nephew as trustees. The residue and remainder of the estate was left in four equal shares to the testator’s three sisters and his nephews.

Ashford v. Van Horne

There was no evidence that the testator's will resulted from monomania-a condition which causes hallucinations and insane delusions as to only one or a few subjects.

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