Carr v. Radkey

393 S.W.2d 806 (1965)

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Nature of the Case

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Facts

Miss Hewlett wrote a holographic will when she was 62 years old while in the Brown Rest Home on December 28, 1936. Upon her death in 1960, her estate was appraised at $240,000. During a will contest trial, the State wanted evidence from a Dr. Hoerster, an expert in mental illness admitted on the issue of Miss Hewlett's testamentary capacity when she drafted the will. On voir dire outside the hearing of the jury, Hoerster answered that basically, Miss Hewlett had testamentary capacity. Hoerster was not permitted to answer those questions on examination before the jury. The jury found that Hewlett lacked testamentary capacity and denied the probate of her holographic will. The State appealed.