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VEREEN v. HARDEE

0432

285 S.C. 206 (1985)

328 S.E.2d 666

D. K. VEREEN, Executor Under the Last Will and Testament of Hattie Bell Vereen Mauney, Respondent, v. Annie HARDEE, I.J. Hardee, Martha Ann Strickland, Frances Thompkins, Paul Knight, Leona McCormick, Sam Vereen, Lela Johnson, Minnie Norris, Doris Vereen, Jeannetter V. Hyatt, Christine Wolfe, and Ira Sender, Respondents, of whom Annie Hardee and I.J. Hardee are Appellants. Appeal of Annie HARDEE and I.J. Hardee.

Court of Appeals of South Carolina.

Decided April 8, 1985.

Attorney(s) appearing for the Case

John R. Clarks, North Myrtle Beach, for appellants.

John P. Henry, Conway, for respondent.

Heard Feb. 19, 1985.

Decided April 8, 1985.

SHAW, Judge:

This appeal presents only one question: when numerous lay witnesses testify a decedent possesses the requisite mental capacity to execute her will, but the only medical expert who testifies concludes the decedent lacked such capacity, is the jury bound by the expert's conclusion?

Respondent D.K. Vereen brought this action to prove Hattie Bell Vereen Mauney's will dated June 14, 1978....

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