Gerald ldquo pat rdquo arrington was diagnosed with a brain


Gerald “ Pat ” Arrington was diagnosed with a brain tumor. At the time of the diagnosis, he wasmarried to Brenda Arrington, but they wereseparated pending their divorce. Brenda and Pathad no children, but Pat had five children from a previous marriage. Patricia Daley had lived withPat since she was born. Pat referred to her as hisonly “ stable ” child. After Patricia married DavidDaley, the two stayed with Pat at his ranch andhelped him with the cattle and working the land.Pat executed a new will one year before hisdeath and following the brain tumor diagnosisthat left everything to Patricia because Pat feltBrenda would just sell his ranch and he did not want it to be sold. After Pat died, Patricia, asexecutrix of the estate, had the will admitted toprobate. Brenda challenged the admission of the will to probate because she said that he gave hisproperty to someone who was not legally his childand that showed he lacked capacity. The will was witnessed by two employees of a bank and bothtestified that Pat seemed to be his usual self andthat he had done business at the bank for 20years. What should the court do with the will andthe challenge to it and why?

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