Ralph Mangan was wounded by a gunshot in 1971. He was hospitalized and later moved to a
Question:
Ralph Mangan was wounded by a gunshot in 1971. He was hospitalized and later moved to a nursing home. There, he executed a will dated February 23, 1972. After his release from the nursing home, he was cared for by his brother for a short time after which, because of Ralph’s advanced age and medical problems, he was again hospitalized. In May 1972, he returned to the nursing home and in June was adjudicated incompetent. He died in August 1972. His will was filed for probate and was contested on the grounds that at the time of his death Ralph was disoriented because of his advanced age, heart disease, and the gunshot wound. The will left property to someone described as a nephew when there was no such nephew. Witnesses testified that during Ralph’s first stay in the nursing home he was self-reliant and was able to handle his own business affairs. Ralph’s attorney testified that Ralph appeared to be of sound mind at the time he executed the will. Ralph had discussed the details of the will with the attorney and had mentioned a number of nephews, cousins, and other distant relatives. Ralph’s physicians testified that Ralph had periods of disorientation and periods of lucidity. Is Ralph’s will valid? (Edward L. Mangan v. Joseph J. Mangan, Jr., 554 S.W.2d 418)
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