KATHY L. BROWN v. ROSA WATSON

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Wills and estates — Petition to caveat will — Opinion of lay witness

This case arises out of a challenge to the last will and testament of Wayne McGahan (“Wayne”), who died on May 11, 2016. That will, dated about seven months earlier, left Wayne’s entire estate to Kathy Brown (“Kathy”), his cousin’s daughter, to whom he also had granted a power of attorney. On September 28, 2016, in the Orphans’ Court for Calvert County, Rosa Watson (“Rosa”), Wayne’s daughter, filed a petition to caveat the will. On March 7, 2017, the orphans’ court transmitted four issues to the Circuit Court for Calvert County, for a jury trial: 1) Whether Wayne was legally competent to execute his last will; 2) Whether Kathy procured that will by fraud; 3) Whether Kathy procured that will by exercising undue influence; and 4) Whether there was a confidential relationship between Kathy and Wayne. The case proceeded to trial on February 6-7, 2018. The jury answered all four questions in the affirmative. Kathy noted a timely appeal, presenting three questions, which we have rephrased for clarity: I. Did the trial court abuse its discretion by ruling that “a witness who was an LCSW” could not “offer her opinion as a lay witness regarding [Wayne’s] competency”? II. Did the trial court abuse its discretion by restricting defense counsel’s closing argument? III. Did the trial court abuse its discretion by admitting into evidence pleadings from another case between the parties? After the appeal was noted, the court consolidated this case with a suit for an accounting that Rosa had brought against Kathy in the circuit court on November 30, 2016. For the following reasons, we shall …

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