In the Matter of the Estate of Martha Wagner, Deceased. Donley R. Bergquist, Beverly Bergquist, and William Chausee…

Summary

The court affirmed the judgment invalidating Martha Wagner's codicil because the contestant was required to prove lack of testamentary capacity by a preponderance of the evidence, not by clear and convincing evidence. The court held that substantial competent evidence, including medical testimony and Martha's confused conduct before and after signing, supported the trial court's finding that she lacked capacity at the time of execution.