The applicant challenged the validity of his late father's will, arguing that the deceased lacked testamentary capacity when he executed a 'deathbed will' in the hospital following a severe stroke.
The court applied the relaxed test for capacity from Parker v. Felgate, finding that the deceased had full capacity when he gave instructions and reviewed the draft will prior to his stroke.
The court held that the propounders of the will met their burden of proving capacity and that the applicant failed to establish suspicious circumstances or incapacitating delusions.
The will was ordered to be probated.
