Gerald "Pat" Arrington was diagnosed with a brain tumor. At thetime of the diagnosis, he was married to Brenda Arrington, but theywere separated pending their divorce. Brenda and Pat had nochildren, but Pat had five children from a previous marriage.Patricia Daley had lived with Pat since she was born. Pat referredto her as his only "stable" child. After Patricia married DavidDaley, the two stayed with Pat at his ranch and helped him with thecattle and working the land. Pat executed a new will one yearbefore his death and following the brain tumor diagnosis that lefteverything to Patricia because Pat felt Brenda would just sell hisranch and he did not want it to be sold. After Pat died,Patricia,as exeutrix of the estate, had the will admitted toprobate. Brenda challenged the admission of the will to probatebecause she said that he gave his property to someone who was notlegally his child and that showed he lacked capacity. The will waswitnessed by two employees of a bank and both tstified that Patseemed to be his usual self and that he had done business at thebank for 20 years. What should the courts do with the will and thechallenge to it and why?
Gerald "Pat" Arrington was diagnosed with a brain tumor. At thetime of the diagnosis, he was married to Brenda Arrington, but theywere separated pending their divorce. Brenda and Pat had nochildren, but Pat had five children from a previous marriage.Patricia Daley had lived with Pat since she was born. Pat referredto her as his only "stable" child. After Patricia married DavidDaley, the two stayed with Pat at his ranch and helped him with thecattle and working the land. Pat executed a new will one yearbefore his death and following the brain tumor diagnosis that lefteverything to Patricia because Pat felt Brenda would just sell hisranch and he did not want it to be sold. After Pat died,Patricia,as exeutrix of the estate, had the will admitted toprobate. Brenda challenged the admission of the will to probatebecause she said that he gave his property to someone who was notlegally his child and that showed he lacked capacity. The will waswitnessed by two employees of a bank and both tstified that Patseemed to be his usual self and that he had done business at thebank for 20 years. What should the courts do with the will and thechallenge to it and why?
