John Gerard executed a will naming his sister-in-law, Eva Gerard, executrix and making provision for his wife of two years, Violet. Gerard had told numerous people he wanted to provide for Violet and leave her his house. Gerard had cancer and was taking medicine that interfered with mental processes and caused confusion and forgetfulness. He was depressed and unable to make up his mind. His acquaintance, Joyce Crabtree, took Gerard to the doctor leaving Violet in the waiting room while Crabtree accompanied Gerard to see the doctor. Gerard began living with Joyce and her husband who would not let anyone else talk with him. Two weeks after Gerard’s first will, he executed a new one using a different lawyer and removing all mention of Violet. This will funded a trust that was amended several times. The final amendment made two days before Gerard’s death was dictated to the lawyer by Joyce and put the Crabtrees in complete control of the trust eliminating Eva, Violet, and all other heirs. After Gerard’s death Violet attacked the second will alleging he lacked testamentary capacity. Did he?
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