Wilson v. Lane

614 S.W.2d 88 (2005)

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Nature of the Case

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Facts

Executrix Lane offered Jewel Jones Greer's 1997 last will and testament for probate. Floyd Wilson filed a caveat, challenging Greer's testamentary capacity. A jury found that Greer lacked testamentary capacity at the time she executed her will, but the trial court granted Lane's motion for judgment notwithstanding the verdict. The evidence at trial showed that Greer was eccentric and had peculiar beliefs such as an irrational fear of flooding in her house. She had also called the fire department to report a nonexistent fire. She had trouble dressing and bathing herself. An expert testified that Greer was in the early stages of Alzheimer. Another letter from Greer’s physician stated that she was legally blind and suffered from senile dementia, but the physician retracted the latter statement in court. Wilson appeals.