In re Shanks' Estate, 168 Or. 650

Summary

The Oregon Supreme Court reviewed a will contest alleging that Richard A. Shanks lacked testamentary capacity because of insanity and unsoundness of mind. The court held that the evidence, including testimony concerning his business activities and the limited probative value of the medical opinions, supported his competency when he executed the will. The decree validating the will was affirmed, with no appellate costs allowed.

Holdings

1. The evidence established that Shanks's mind and memory were sufficiently sound at the time of execution for him to understand the nature and amount of his property and the persons to whom he wished to leave it; therefore, he was competent to make the will.
2. Although the proponents bear the burden of proving the testator's competency, they benefit from the presumption of competency arising from due execution of the will and from the general presumption that every testator is sane.
3. Medical expert testimony concerning testamentary incapacity has limited probative value when it is based almost exclusively on an interested witness's account and an incomplete hypothetical question that omits material facts and does not address the testator's condition at execution.

Questions Presented

1. Whether Richard A. Shanks possessed sufficient testamentary capacity when he executed the will.
2. Whether the evidence overcame the presumptions that a formally executed testator was competent and that every testator is sane.

Disposition

affirmed