In Re Estate Of Washburn

690 A.2d 1024 (1997)

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Nature of the Case

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Facts

Washburn, the testatrix, executed three wills. In the October 1986 will, she left $1,000 bequests to several individuals and provided that her Portsmouth home, personal effects, and the residue of her estate should go to her sister, Margaret Fay, or in default thereof to her niece, Catherine Colonna, the petitioner. The March 1992 will left $1,000 bequests to certain named individuals; $5,000 to the respondent, her caretaker and companion; and the residue to petitioner. The April 1992, left $5,000 bequests to the petitioner and another individual and provided that the respondent receive the residue, which included the testatrix's home and personal estate. The April 1992 will was offered for probate, and the petitioner challenged the testamentary capacity of the testatrix. The court found that the testatrix was suffering from Alzheimer's disease at the time of the execution. The court found that she was unable to recollect the property she wished to dispose of and understand its general nature and resulted in her inability to make an election upon whom and how she would bestow the property by her will. The will was invalid. This appeal followed.