Thomas F. Bernikowicz v. James H. Porter, Jr., Spec. Admin. Estate of Bernikowicz et al.

Estates and trusts: probate: presumption of testamentary capacity

CSA No. 0040, September Term, 2009. Unreported. Opinion by Woodward, J. Filed July 25, 2012. RecordFax #12-0725-08, 56 pages.

Evidence that the decedent suffered from Alzheimer’s disease months after the execution of his last will and testament was insufficient to overcome the presumption of testamentary capacity; nor did the appellant establish other grounds to reverse the circuit court’s determination that the will was valid.

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