In Re Estate of Conway

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• drawing a “distinction between the tests for incapacity for guardianship purposes and testamentary capacity”
• stressing the importance of the testator receiving independent and disinterested advice in the creation of the will and the distance between the testator and alleged wrongdoer at the time of the instrument’s execution
• stressing the importance of the testator receiving independent and disinterested advice in the creation of the will and the distance between the testator and alleged wrongdoer at the time of the instrument's execution
• noting the fact that testator was “obviously suffering from some dementia” was not sufficient to undermine testamentary capacity, particularly when the testator’s will was prepared with assistance of counsel who was independent and disinterested
• “the magistrate court’s decision was supported by substantial and competent evidence that [testator] possessed testamentary capacity” when the will was executed despite a dementia diagnosis
• “[M]ost importantly, the court found that [the testator] had independent and disinterested advice from [counsel] in creating the 2004 will.”

Source: CourtListener parenthetical corpus (CC0).