No. 1 CA-CV 94-0078.

188 Ariz. 562 (1996)

937 P.2d 1368

In the Matter of the ESTATE OF Dorothy I. KILLEN, Deceased. M.I. MARSHALL & ILSLEY TRUST COMPANY OF ARIZONA, Successor Personal Representative-Appellee, v. Marion McCANNON, Personal Representative-Appellant.

Court of Appeals of Arizona, Division 1, Department E.

Review and Cross-Petition for Review Denied October 21, 1996.

Attorney(s) appearing for the Case

A. Paul Blunt, P.C. by A. Paul Blunt, Scottsdale, for Appellee.

Marvin Johnson, P.C. by Marvin Johnson, Phoenix, and Lesher & Lesher, P.C. by Robert O. Lesher, Tucson, for Appellant.


GRANT, Presiding Judge.

In this appeal, we consider whether a testator who knew the natural objects of her bounty but had insane delusions about some of them that affected the terms of her will had the testamentary capacity to execute a will. We hold that she did not have such capacity and that the evidence supports the trial court's conclusion that the testator's will is invalid due to lack of testamentary capacity.


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