Fletcher v. DeLoach
Alabama Supreme Court
360 So.2d 316 (1978)
- Written by Sean Carroll, JD
Facts
Ada Padgett signed a revised will on April 15, 1970, leaving her entire estate to her daughter, Mary Elizabeth DeLoach Fletcher (Fletcher) (plaintiff). Padgett’s previous will divided her estate equally among Fletcher and Padgett’s other two children. The financial situations of the three children were relatively similar. After Padgett died, Fletcher filed a petition to probate the will. Padgett’s son and granddaughter (the contestants) (defendants) objected to the will, arguing that Padgett did not possess testamentary capacity at the time she signed the amended will. The contestants presented evidence at trial that Padgett became depressed in 1970 after the death of her son and was at times disoriented around that time. They also presented testimony that witnesses had noticed a decline in Padgett’s physical appearance and personal hygiene around this time. A jury found in the contestants’ favor, and the trial court ruled that the will could not be probated. The trial court then denied Fletcher’s motion for a new trial. Fletcher appealed.
Rule of Law
Issue
Holding and Reasoning (Torbert, C.J.)
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