Evaluating Testimony of Witnesses

In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of the decedent’s capacity, there was a lack of competent medical evidence of decedent’s alleged dementia, there was a lack of information about decedent’s mental state at the time of the execution of the initial deed and the execution of a corrective deed, and there was evidence that decedent’s mental state varied depending on whether she was taking medications. Estate of Estella E. Kageos, 11 Fid.Rep.3d 89 (Berks O.C. 2021).

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