I introduced the relevant records.
Nana’s mobility had deteriorated.
She needed assistance with some daily activities.
She experienced fatigue.
But the records from the period surrounding the will documented her ability to communicate, recognize people, and participate in decisions.
They did not support the sweeping claim that she was incapable of understanding her estate.
I turned toward the judge.
“I’m not asking the court to conclude that my grandmother was healthy in every respect. She wasn’t. She was elderly, physically frail, and dealing with medical limitations. But physical frailty and legal incapacity are not interchangeable.”
Whitman rose.
“Your Honor, the medical expert testified that elderly individuals in circumstances like these may be particularly vulnerable to influence.”
“Yes,” Judge Morrison replied. “And the court has considered that testimony.”
I waited.
The judge looked at Whitman.
“Your expert did not personally examine Mrs. Parker.”
“No, Your Honor.”
“And his testimony concerned general vulnerability rather than a clinical assessment of her condition at
