Reference no: EM131662599

Question: Wills. James Lillard's first wife had a child whom James adopted when he married the child's mother. James fathered other children with her until they divorced in the early 1970s. In 1975, James married his second wife. During this marriage, each spouse's biological children remained the other's stepchildren, because neither spouse adopted the other's children. James's second wife died in 2002, and he was diagnosed with terminal cancer in January 2004. In February, he executed a will that divided his property equally among all of his children and stepchildren. By October, James was living with his children, who managed his finances and administered his prescribed drugs, which impaired him mentally and physically. A hospice worker noted that on October 5 James had difficulty completing sentences and was forgetful. A visitor two days later described him as "morphined up." On this same day, he tore his first will in half and executed a new will that left most of his property to his children. James died on October 19. His children submitted the second will to a Georgia state court for probate. His stepchildren objected, alleging, among other things, that at the time of its execution, James lacked testamentary capacity. His children responded that the first will had been validly revoked. Which will should be declared valid? Why?