Estate of Ruth E. O’brien-Hamel

Summary

The court affirmed the Probate Court’s denial of Jennifer Edmondson’s petition for intestacy and appointment as personal representative. It held that the court did not abuse its discretion in allowing the hospice physician to testify because Jennifer was not unfairly surprised, and any error was harmless because the physician offered no capacity opinion and the findings rested on other evidence. The court also held that the evidence did not clearly compel a finding that Ruth lacked testamentary capacity.