228 So. 3d 921
Miss. Ct. App.2017Background
- Decedent Richard Gardner executed a will on March 2, 2009, leaving his entire estate to his wife, Mae Otha Gardner; a power of attorney was executed the same day.
- Richard died April 20, 2009; the estate was initially declared insolvent, but a fire destroyed an insured commercial building and insurance proceeds paid debts leaving a surplus distributed to Mae Otha.
- Richard’s four children filed to contest the will (April 15, 2011), alleging lack of testamentary capacity, undue influence, and forgery/not duly executed.
- At trial the chancellor directed a verdict for the proponent on undue influence and forgery; a jury returned a 10–2 verdict for the children finding Richard lacked testamentary capacity and did not sign the will.
- The chancellor granted Mae Otha’s JNOV, concluding the children presented no evidence of incapacity and no evidence of forgery; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Testamentary capacity | Richard was sick, medicated, weak, and not mentally fit to execute a will on March 2, 2009 | Subscribing witnesses (attorney and secretary) observed Richard, asked competency questions, and testified he understood and expressed his testamentary intent | JNOV affirmed: no evidence raised a jury question; testimony of subscribing witnesses established capacity and contestants offered only generalized assertions |
| Whether Richard signed the will | Lay testimony (children) that the will signature did not look like Richard’s and Sylvia said she didn’t see a will executed | Sanders and Roussel (subscribing witnesses) testified they saw Richard sign the will; the will signature matches the power of attorney signed same day | JNOV affirmed: no evidence of forgery and subscribing witnesses’ testimony precludes reasonable juror finding he didn’t sign |
Key Cases Cited
- Watts v. Radiator Specialty Co., 990 So. 2d 143 (Miss. 2008) (standard of review for JNOV explained)
- Forbes v. General Motors Corp., 935 So. 2d 869 (Miss. 2006) (evidence must point overwhelmingly to movant to support JNOV)
- In re Estate of Laughter, 23 So. 3d 1055 (Miss. 2009) (prima facie proof of will and burden-shifting on testamentary capacity)
- In re Estate of Edwards, 520 So. 2d 1370 (Miss. 1988) (lucid-interval doctrine and weight of subscribing witnesses on capacity)
- Culbreath v. Johnson, 427 So. 2d 705 (Miss. 1983) (forgery findings supported by expert and comparative signature evidence)