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Keywords

testimonyprobatewillcredibility
testimonywillappellantappellee

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Daley v. Boroughs, 310 Ark. 274, 835 S.W.2d 858

Facts

The testator, Robert Patrick Daley, had three adult children and executed reciprocal wills with his wife, leaving everything to their two children, Franklin and Marguerite. After his wife's death, the testator was hospitalized and executed a new will that left his house to Marguerite and appointed her as the sole executrix. Franklin contested the will, claiming that the testator was not competent due to his medical condition at the time of execution, while Marguerite argued that the testator was aware of his actions and intentions.

The testator had three adult children: appellant Franklin J. Daley, appellee Marguerite Ann Boroughs, and Timothy Patrick Daley, who was disinherited by mutual agreement with the testator.

Issue

The main legal issues were whether the special judge had the authority to decide the competency issue and whether the testator was competent to make a will at the time of its execution.

Franklin J. Daley contests the authority of a special judge to decide the competency issue in this case.

Rule

The court applied the legal principles regarding testamentary capacity, which require that a testator must be able to understand the extent and condition of their property, comprehend to whom they are giving it, and realize the relationships of those they are excluding from the will.

The rule has been generally expressed that sound mind and disposing memory, constituting testamentary capacity, is (a) the ability on the part of the testator to retain in memory without prompting the extent and condition of property to be disposed of; (b) to comprehend to whom he is giving it; and (c) to realize the deserts and relations to him of those whom he excludes from his will.

Analysis

The court found that the special judge properly assessed the credibility of the witnesses and the weight of their testimony. Despite conflicting medical records, the testimony of the lay witnesses present during the will's execution indicated that the testator was competent and aware of his intentions. The court emphasized that the special judge's findings were not clearly erroneous and that the testator's mental capacity was sufficient at the time of signing the will.

We cannot say that the record in this case fails to support the special judge's conclusion of competency.

Conclusion

The court affirmed the decision of the Probate Court, holding that the special judge had the authority to rule on the competency issue and that the testator was competent when he executed the will.

The decision is affirmed.

Who won?

Marguerite Boroughs prevailed in the case because the court found that the evidence supported her claim that the testator was competent at the time of making the will.

The special judge found that the testimony of the four lay witnesses in support of the will outweighed and was more persuasive than that of Dr. Searcy.

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